Northwest Arkansas Democrat-Gazette
“Justin, my dad is in the hospital and not doing well. We’ve been advised that we should make sure he has his affairs in order. We’re worried because he doesn’t even have a will. Can he even sign a will while he’s in the hospital?”
Answer sponsored by: www.ElrodFirm.com You brought up several issues in your Answer: question. First, the answer to the question of whether your father could sign a will while he’s in the hospital is the typical lawyer answer - it depends. Being in the hospital does not, in and of itself, prevent someone from signing a will. That may cause some logistical issues because a will must be witnessed by two disinterested individuals, and it’s better if the signatures are notarized. That can be a hassle in a hospital room, but it can be done.
The real question is whether your father has capacity to sign legal documents - would he understand what he’s signing? But even if your father has capacity, and you are able to get past the logistical hurdles, you should know that having your father sign a will does not solve the family’s problems. Most people worry about “getting their affairs in order” because they want to stay out of probate court. A will cannot do that.
In fact, a last will and testament is actually a set of instructions for the probate court, not a tool to avoid probate court. You need to consider other tools if probate avoidance is a priority. And if your father doesn’t already have a power of attorney for healthcare and an advance directive for end of life care, those documents should be at the top of your list as well. Call today for a no charge consultation, or check out our website to learn more.