Families often wonder about the legalities of estate planning when a loved one is in hospice care, especially in Florida where the question arises: “Is my loved one still able to create a valid estate plan?” Tampa Will Lawyers regularly address these concerns, especially when it comes to the validity of an estate plan if the individual is under strong medication.
Understanding Capacity in Estate Planning
The capacity to make an estate plan means having the mental ability to understand the nature and extent of one’s property, who should logically inherit this property, and how the estate planning documents distribute the property. Tampa Will Lawyers can help assess whether a loved one in hospice has the necessary capacity to create or modify an estate plan.
The Role of Medication in Determining Capacity
It’s a common worry that medications, particularly those for pain management in hospice care, might impair a person’s ability to make sound decisions. While these concerns are valid, medication does not automatically disqualify someone from creating an estate plan. Tampa Will Lawyers can work with medical professionals to determine the best times when the individual is most lucid for making decisions.
The Legal Process with Hospice Patients
When working with a hospice patient, Tampa Will Lawyers take extra precautions to ensure that the estate planning process is handled sensitively and according to the law. This might include:
- Discussing the estate plan during times when the individual is clear-headed and understands the conversation.
- Obtaining a professional evaluation from a physician regarding the individual’s capacity at the time of the estate planning.
- Having witnesses present who can attest to the individual’s lucidity and voluntary nature of the decisions being made.
Safeguarding the Estate Plan’s Validity
To ensure that the estate plan will be honored, Tampa Will Lawyers recommend thorough documentation of the individual’s decision-making process, including notes on their mental state and the absence of undue influence. This careful documentation can protect the estate plan from being contested later on grounds of incapacity.
Early Planning and Open Communication
The best course of action is to have estate planning in place well before hospice care is needed. However, if that’s not the case, Tampa Will Lawyers can still guide families through the process in a way that honors the wishes of their loved ones and ensures that those wishes are legally recognized.
Getting Help
If your loved one is in hospice and you’re concerned about the validity of their estate plan due to medication or other factors, it’s important to seek professional guidance. Contact our experienced Tampa Will Lawyers at (813) 438-8503. Mention this blog when you call to ensure your loved one’s final wishes are properly documented and legally sound.