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ShadowChild1 Asked July 2012

What are the legal consequences of not following directives in a living will?

Two of my family members knowingly had copies of a living will constructed by an attorney for my father when he was in total control of his mind and health. They withheld them from doctors repeatedly. What are possible legal consequences for their decisions? One person was my brother,a doctor. The other was my mother. They literally hid the living will from me and other siblings.

christeenmarie Mar 2015
My friend changed her trust in July of last year while in the hospital in NV. She then moved to TX with her daughter and had a massive stroke and was basically bed bound and had to be on a feeding tube, she subsequently died in Nov. To our knowledge she did not change her trust after July and did not appear to be of sound mind and body to do so. However, her daughter, who is not the executor, has not followed the trust and has not allowed the true executor to have access to the assets to follow the trust. Can she do that?

ShadowChild1 Jul 2012
We just want to know to help create peace. My father was considered totally capable of making his own decisions mentally but was vent dependent. My mother really was not capable. She had had an accident which resulted in a brain injury. I think the lack of honesty has created some serious issues between family members. It has also caused my brother's medical license to be "lapsed" for a period of time. Thank you for your answer!

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JessieBelle Jul 2012
There is another situation where not honoring a living will is valid. All the person has to do is say they don't want it honored and the will is null and void. Living wills are good instruments, but they are "softer" than other legal documents.

JessieBelle Jul 2012
A living will is legally enforceable in the state where it was drawn up. However, there are some situations where the will is not enforced. Some hospitals will not honor the will if family members are not in agreement. I do not blame them! If a person has healthcare POA, then what he/she decides overrides the living will. Did one of the people withholding the living will have the healthcare POA? If so, it was completely legal. Often spouses do hold the healthcare POA and may have rights as the spouse if they were still married.

Is there a reason that you and your siblings want to pursue this matter?

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