CASE STUDY FOR REFERENCE

An elderly woman was admitted to the hospital from home, then admitted to a skilled nursing facility for rehabilitation, and then to an assisted living facility. She had chronic kidney failure that required dialysis. Sometimes her mental status deteriorated into confusion, usually just before her dialysis appointments. At some point, she also suffered a stroke, which seemed to affect her cognitive status. Over the course of a few weeks, she spoke with an attorney several times on the phone, discussing with him how to write her last will and testament. She had had a lifelong rift with one of her siblings and chose not to give anything in her will to the now deceased sibling's children. She also wanted to give substantial amounts to charity rather than to her other two siblings and their children. The attorney mailed her will to her at the assisted living facility. The social worker and a second individual from the facility's staff witnessed her signature on the document in her room at the assisted living facility. When she died, the children of her estranged sibling contested the will and sued in court to have the will vacated.

Read the case study You be the Judge presented at the end of Chapter 21 (Guido, p. 440-441) beginning with, "An elderly woman was admitted to the hospital..." and provide a detailed Powerpoint Presentation to answer the following questions:

• What types of questions should be asked of the social worker and the other individual who witnessed her signature on the will?
• What other evidence should be requested of the nursing staff to best ascertain her cognitive ability at the time she dictated how she wanted the will drafted and at the time she signed the document?
• Does the fact that she had been estranged for many years from the sibling whose children are now suing factor into the final decision of the court?
• How would you decide this case?

Provide references of less than 5 years