Lewisville, TX asked in Estate Planning and Health Care Law for Texas

Q: A friend is dying. He has one sister and they don’t speak. I don’t know how to contact her and he doesn’t want to. I am

His medical power of attorney. Is it too late to get him to sign a will in hospice? I just want to use his money to pay for his cremation if he even has enough.

2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Legal capacity to sign a Will is not determined by whether or not one is in hospice. You might want to contact a local elder lawyer: we make house calls. If so, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (eee.naela.org)

Nina Whitehurst agrees with this answer

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Your friend must understand what he is signing and if he has that capability it doesn't matter if he is in hospice. He might consider putting you on the back account as well in order for the funds to be made immediately available to you. I suggest you consult with an estate planning/elder law attorney in your area.

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