How to Contest Living Wills
Living wills are very popular because they dictate what needs to be done if someone is on life support and unable to make executive decisions. There are some people who want to contest the living will and keep the person alive with the assistance of machines, even if the will says otherwise. There are steps that can be taken to contest the will.
- Get a copy of the living will and thoroughly read and understand what is stated in it.
- Determine if the will is truly against the author’s wishes or goes against their personal beliefs, as a will can only be contested if it was written under distress or is able to be contradicted.
- Go directly to the local courthouse that has jurisdiction in the area.
- Obtain and fill out the paperwork needed to file a notice of appearance. Submit the notice of appearance to the courthouse.
- Obtain and fill out a notice of objection. File notice of objection within 30 days after filing the notice of appearance.
- Hire an attorney that specializes in the contesting of living wills. Gather all information you can to establish why the living will should not be followed.
- Talk to the doctors who are caring for the patient and request for them to write a statement supporting that recovery is possible.
- Search for documentation that contradicts the living will. Establish if the living will was written while the patient was under duress.
- Provide your attorney with all of the information that you have obtained.
- Arrive on time to court. Be prepared to answer questions and support any and all claims that your attorney makes.
- Many living wills are hard to contest because it is difficult to prove that they are against the author’s wishes. It is important to be ready for a battle that can become quite emotional.
- Maintain calm and present yourself in a professional manner at all times.