What Should Be Considered For Estate Planning If A Parent Is Residing In A Nursing Facility?
Well it's really important that they have capacity to execute the will and that at the time that they are executing the will, they aren't under the influence of any drugs or anything like that, that would prevent them from being in their right mind. You have to be in your sound mind in order to execute a will. And so that complicates things when their living in an assisted living facility, but as long as the doctor says that they have the ability to execute and estate plan and that they have capacity then it shouldn't be a problem. But it's not really much difference there or anywhere else as long as they have the ability to execute those estate planning documents.
By
Keith Morris & Stacy Kelly, Attorneys at Law
