Home > Research Legal Advice > Wills / Living Wills > My dad is very ill. Can his wife (my stepmother) change his living will?
Asked 4 months ago - San Diego, CA
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My dad's wife (my stepmother) became the legal health agent and assumed my dad's finances. They live in California and have a living will together. Can she make changes to the will by herself? Will anyone be notified of it (my dad) or how can I know?
Thanks in advance.
If the health care directive (health POA) does not say she has power to dispose of his property upon his death or manage his assets, then your stepmother has no power to do so. If she holds a durable power of attorney for asset management and it specifically says she can manage his finances and dispose of his property via will, then yes.
I recommend you have an attorney review the powers of attorney.
California does not recognize Living Wills. Could there be a living trust? Some trusts can be changed by the non-incapacitated spouse depending on the language of the trust. No one is entitled to notice of a change to the living trust, however, that doesn't mean she is not engaging in improper behavior. You really need to see an attorney. Feel free to call me at (619) 656-88478 to discuss further.
Your question teeters on several different topics. Your father's living will, is likely an Advance Directive for Health Care. However, it is also possible that you are referring to a living trust for your father (and step-mother). As for whether your step-mother can change your father's will, the answer is no, only your father can do that. At this point it seems as though there is much confusion. I would suggest that you gather whatever paperwork you have and consult with a local estate planning attorney for fact specific direction.
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