Replies to This Discussion

Permalink Reply by Rev. James Thomas Hicks, D.D. on March 5, 2009 at 12:55pm

Deliver it to his lawyer. Respect the last wishes. Maybe he/she is right 'bout his family.

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Permalink Reply by Jimerson on March 7, 2009 at 3:16pm

You can never be sure about his actual intentions. Although if his will stated in the first place that everything is to be left to his family, you know that there was a time in his life (and obviously a long one) when he cared a great deal about his adopted family. And considering he made the changes just hours before he passed and before he became mentally incompetent, I would make my judgment call based on that information.

It wouldn't be a selfish act on my part, as I don't know the family and I'm not getting any of the money myself, it's just doing the right thing. I'd somehow manage to lose the new will.

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Permalink Reply by Whispers on March 7, 2009 at 8:54pm

Yes I would deliver it. To be blunt, it is really none of my business. Plus on the off chance that I did 'misplace' the will and my actions were discovered I imagine I could lose my job.

At that point Mr. Doe's lawyer could sort it out. He is sure to have known the deceased much better. I would however let him know my opinion on Mr. Doe's mental state.

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Permalink Reply by Misty: Baytheist Living! on March 10, 2009 at 5:11am

Not enough information provided for clear insight.
It would depend on how long I knew him, if I knew his family, if I checked his medical records for a gender-reassignment surgery (or for scars, ect) I would have to go with gut instinct while in the actual situation.

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Permalink Reply by Kell on March 20, 2009 at 5:24am

I agree with Misty on this one.

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Permalink Reply by noisician on March 20, 2009 at 9:47am

yeah. nurse doesn't have all the facts, the expertise, and more to the point, it is none of her business and it is not the nurse's role to make decisions like this.

nurse doesn't know if the old guy was really incompetent. nurse doesn't know if the things he said were true or not. and again, even if she did, it's not the nurse's job to be judge and jury.

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Permalink Reply by Dave G on March 20, 2009 at 12:57pm

As the nurse, I only have limited information about the patient, and am unlikely to get sufficient evidence to make an informed decision, particularly on such short notice. Dying in a hospital rather than in a nursing home or the like, I would be less likely to be familiar with the patient's relationship with his family.

I'd deliver the document, as requested, but also offer my professional opinion that the patient had been showing signs of mental incompetence in the time near his death.

It might even be a moot point. Without witnesses, the new will might not be legal and never even be referenced. But not being a legal expert (unless I'm an odd combination of lawyer and nurse), I would have to let that be determined by those versed in legal principles.

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