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Palm Beach County Estate & Probate Attorneys / Blog / Estate Planning / Can You Write a Will After Being Hospitalized in Palm Beach County?

Can You Write a Will After Being Hospitalized in Palm Beach County?

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Some people leave estate planning until the very last minute. Although this is not an ideal situation, it might be the only remaining option for those who don’t have much time left. But is it even possible to write a valid Will after being hospitalized? This is something you might want to discuss with an experienced estate planning lawyer in Palm Beach County.

The Key Concern Is Mental Capacity

Before you start this process, you need to determine whether the person writing the Will (the testator) has the mental capacity to understand what they’re doing. If the illness or injury is affecting their mental state in certain ways, it may be legally impossible to create a valid Will. This is because if someone who is mentally incapacitated and unable to understand the nature of inheritance writes a Will, this document is invalid and can easily be challenged by other people in court at a later date.

For example, you may have tripped and fallen at your home. If you suffered a fractured hip and a head injury, your head injury could affect your ability to create a valid Will. If head injury is severe and your fractured pelvis becomes infected and if your doctors say there’s a chance you might not make it, you may no longer have the option to create a valid Will before you pass.

From the perspective of concerned family members, this may be incredibly frustrating. You may wish that your relative had written a Will before being admitted into the intensive care unit (ICU), and you may be worried about the fate of your family’s wealth.

That being said, there may still be a chance to create a valid Will. The good thing about being in a hospital is the fact that you’re surrounded by medical professionals who may be able to assess your loved one’s mental state. If a doctor concludes that a patient is not mentally incapacitated, there may still be time to create a valid Will.

Some Estate Planning Lawyers Can Travel to You

It is not necessary to physically travel to a law office to create a Will. Some lawyers may be willing to travel to hospitals to assist with this process. You might also download template forms online or have your lawyer send you documents for e-signatures. This is something you might want to discuss with an experienced estate planning lawyer in Palm Beach County.

Can a Palm Beach County Estate Planning Lawyer Help Me Write a Will on My Deathbed?

If you don’t have much time left, it may still be possible to write a Will with help from an experienced estate planning lawyer in Palm Beach County. This is something patients may be able to organize themselves, or a concerned relative could help organize this type of meeting. A lawyer may be able to travel to a hospital to help with this legal process. Consider contacting Kitroser Lewis & Mighdoll today for more information.

Sources:

flcourts.gov/content/download/404573/file/Testamentary-Capacity-Guardianship-Assessments.pdf

help.flcourts.gov/Other-Resources/Probate

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