QUESTION
Does an advance care directive override a will.
Asked on Jul 24th, 2020 on Wills and Probate - Georgia
More details to this question:
My mother created an advance care directive (here in Georgia) in 2019. She also has a will from when she lived in New Jersey, dated 2013. The advance care directive states that she wishes to be cremated, while the will reflects a desire to be buried in a pre-paid plot in Philadelphia. Her health is currently in serious decline and she is not expected to live more than a few weeks. The question is: Which document takes precedence?
3 ANSWERS
4 Awards
Please accept my condolences on your mother's terrible situation.
As for your question, the advance directive, if it is newer, should probably be what you look to as evidence of her wishes regarding burial versus cremation. If the Will is newer than the advance directive, then you should probably look to the statement in the Will. Ideally, ask her what she prefers now, if she can answer the question for you.
Answered on Aug 19th, 2020 at 5:21 AM
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The newer advanced health care directive should control. However, you can bomply with both by creating her and burying her ashes in Philadelphia.
Answered on Jul 25th, 2020 at 7:04 AM
2 Awards
An Advance Directive for Health Care loses effect when the person dies. An Appointment for Disposition of Remains does not. Check to see whether the two were combined. Note that a Will has no legal effect until a court admits it to probate (proving). Do what you can now to avoid a dispute later. Funeral homes generally will not cremate someone unless all the children are in agreement. This could leave your mother's remains on ice for months and at a considerable cost.
Answered on Jul 25th, 2020 at 5:20 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.