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Is it against California law for a nurse to sign on as a witness on a Last Will and Testament for a patient under her care in a nursing home?
6 ANSWERS
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Nothing prevents a nurse from signing a will for a patient under her care. I would strongly advise against the nurse from doing so, however, if she has any connection whatsoever to the patient other than as a nurse, or if she is named as a beneficiary under the will.
Answered on Jan 30th, 2013 at 10:42 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Not a good idea. Obtain someone completely independent who does not have any interest in the person care or financially.
Answered on Jan 30th, 2013 at 10:27 PM
Any party can sign as a witness as long as they actually witness the signature and they are not an interested party. The party cannot be receiving anything under the will. A nurse could be considered a witness to the signing of the will.
Answered on Jan 29th, 2013 at 5:38 PM
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It is not advisable. If the person is in a nursing home an ombudsman needs to be present when signing legal documents.
Answered on Jan 29th, 2013 at 5:38 PM
Trust Law Attorney serving Hayward, CA
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Law Office of Norman E. Reitz
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There is no legal barrier.
Answered on Jan 29th, 2013 at 5:36 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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No. But most such institutions have rules that prevent this, and such rules are legitimate. Do not expect a nurse or any other personnel to witness a will or other document.
Answered on Jan 29th, 2013 at 5:15 PM