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Can My Aunt Sign Estate Planning Documents for My Uncle?
My aunt lives with my husband and me, having moved up here to Indiana from Texas where she and my uncle had no family down there to take care of them. My uncle is in a nursing home. My question is that I came across their wills that are about four years old and I need to have them changed because their living conditions have changed and I am now the full-time caregiver, power of attorney and whatever. Do I have to take them both to a lawyer to change this or can I just take my aunt who generally signs for my uncle?
Yes, your aunt and uncle must meet with the attorney alone without you present. It's best, as well, that you do not see the new wills. This will protect them from being challenged as having been created under your undue influence. If your uncle is not competent, your aunt cannot sign for him. Wills may be executed only by the legally competent individual whose will it is.