Legal Question in Wills and Trusts in Illinois

executor's rights

can an executor who is not a blood relative ''pull the plug'' or give the hospital the right to ''do not resecitate,'' the owner of the will. some people say this is illegal. this executor told the hospital staff to do this. also the executor is one of the heirs in the will.


Asked on 1/12/08, 11:09 am

2 Answers from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: executor's rights

Hello. In my opinion, one who is not

a blood relative does not have a right

to direct the hospital to do this. In fact, in my opinion, the hospital is liable for doing this. This is a very serious matter especially since this individual is a beneficiary under the will. Usually hospitals and

medical personnel are careful about making the decision not to sustain the life of a patient, and non-family members are barred from any involvement in this decision making. You certainly should obtain a lawyer to investigate this. The extent of the hospital's liability may depend upon the overall health of the patient, but still based

upon the facts that you have posted this is a very serious situation. I will be happy to answer any additional questions that you may have concerning this matter.

Read more
Answered on 1/13/08, 10:03 am
Zedrick Braden III Ainsworth & Associates PC

Re: executor's rights

Hello. In my opinion, one who is not

a blood relative does not have a right

to direct the hospital to do this. In fact, in my opinion, the hospital is liable for doing this. This is a very serious matter especially since this individual is a beneficiary under the will. Usually hospitals and

medical personnel are careful about making the decision not to sustain the life of a patient, and non-family members are barred from any involvement in this decision making. You certainly should obtain a lawyer to investigate this. The extent of the hospital's liability may depend upon the overall health of the patient, but still based

upon the facts that you have posted this is a very serious situation. I will be happy to answer any additional questions that you may have concerning this matter.

Read more
Answered on 1/13/08, 10:03 am


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