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Signing a will while on drugs

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pele

Member
What is the name of your state? Hawaii

I had a friend who died last year of metastatic breast cancer diagnosed three years earlier. She did not tell her family (who live in N.J.) until August (she died in November). The minute her brother found out he called a school friend who is an attorney here. As a favor he did the will (he does not normally do wills). My friend was on a Fentanyl patch and Tylox. Her cancer had metastasized to the bone, liver and lungs, so she was in pain. As soon as she signed the will her brother broke off all contact, including with the attorney. The attorney actually asked me about funeral arrangements. The attorney's secretary asked me to take a "addendum" to the will to the hospice which I refused to do, I told her that my friend was on morphine and not competent to sign anything and, indeed, when I saw her she was rambling and hallucinating. I know this is water over the dam, but is still bothers me that her brother could not get himself here for his sister. Her friends at work and I supported her for three years. We were not expecting any money. We were expecting her brother to fly out her to see his sister. It does not seem legal to me that someone who had been on narcotics so long would be competent to sign a will. Thank you
 


ALawyer

Senior Member
I am not sure I understand if there is a question.

Yes, the brother was a louse and thoughtless heel.

As to whether she was competent to sign a will when on drugs, the answer is comptence often can vary from day to day and hour to hour. Lawyers contemplating the possibility of a challange to the will of a person on medications plan carefully to get them to sign at a lucid moment, often with a physician present who can confirm that there was sufficient competence.
 

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