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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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Destroying the original will certainly is possible, but as mentioned below, someone may try to probate an existing copy. So it's best to either destroy all copies (but do you really know where they all are?) or have the individual sign a codicil to that will indicating they wish their property not to pass as set forth in their will dated such and such, but instead to pass as if they had no will, per the intestacy statute of such-and-such state (presumably the state of residence). Indeed an attorney should supervise the preparation and execution of the codicil.
All of the above are true; but I see from your profile that you refer to caring for someone with dementia. If your question relates to your friend, and that person is mentally incapacitated, I'm not sure that s/he can amend or annul an existing, valid will - I'm pretty certain that you have to be of sound mind to do this. Dementia on its own wouldn't prevent it, but it depends how advanced the dementia is. Check with whoever drafted the last one, I should.
Yes, as 1st poster said, prepare a new one. Make sure the will is dated and that it states that it nullifies all previous wills. Make sure and sign new will in front of notary. Best kept by an Attorney after that so no one can get rid of it, produce phony. You wouldn't believe what people will pull after you are gone. Saw it twice, once with my Sister, once with my Grandma. The greedy dishonest ones will try and run over the decent honest family members if you don't out smart them! :-)
DO NOT try to do anything with an existing will -- including tear it up! -- without seeking legal advice, preferably in this case from an attorney with some expertise in elder law. To make a will/revoke an old will/make a new one all requires that the maker be "of sound mind" -- that s/he have "testamentary capacity", the ability to make decisions/protect him/herself from "undue influence" and understand the consequences of the bequests being made. Depending on the stage of the disease a person with dementia may or may not have this capacity. Please seek legal advice -- there may be other things you/your friend can do, including having a phsyician attest that the person making the will DOES understand what s/he is doing.
Yes, ripping up the old one doesn't really cancel it if there are other copies. Creating a new one, or a codicil to the old one, is what makes it (or some of its provisions) null and void.
Or just rip up all copies and start over. I keep copies of my old wills as the intent through the years is quite the same and I feel it shows that more than once I have made the same choices, same for the living will. All kept in a fireproof, waterproof safe. Each child has been given instructions how to get in there.
Check your state's requirements. Some states require that the will be signed by two witnesses who are not inheriting anything, and be signed in front of a notary. In my state you are supposed to complete the whole process "without turning aside". You can look on the internet for requirements, or ask a local attorney who does wills and estates. I personally believe that writing an entire new will revoking all others is the safest way. Keep the original and several copies. You can put the original in a lock box or let an attorney keep it. Ask up front how much an attorney will charge if you want a lawyer to help you.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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