References:
- Nursing Review Guide, 1st Edition, ISBN 978-621-02-2289-0, by Glenn Reyes Luansing (pp. 81-84)
Definition of Terms
- Will: an act whereby a person is permitted, under the formalities prescribed by law, to control to a certain degree, the disposition of his estate or properties, that will have its effect after his death.
- Testator: male person making a will
- Testatrix: female person making a will
- Last Will and Testament: a tangible instrument which states how a testator will dispose his properties according to law, but will take its effect after the death of said testator.
- Decedent: a dead person whose properties remaining at any point of his death will be transmitted to another by succession, whether intestate or testate (whether with a will or none)
- Succession: a mode of acquisition by virtue of which, properties, rights and obligations, to the extent of the value of the inheritance of a person are transmitted to another through his death either by virtue of a well (testate succession) or by operation of law (intestate succession).
- Testamentary Capacity: it is necessary that a testator, at the time of making the will must have sound mind as regards to the nature of his estate, proper objects of his bounty, and the character of his testamentary act.
- Notarial/Ordinary Will: it is a type of will which the testator must sign using his usual signature at the end as well as in every page thereof. If he cannot sign fully, he may place a usual mark or may ask assistance from another to write his name in his presence and express direction, provided, that the whole act be witnessed by three or more credible witnesses who shall also sign in each and every page of the will except at the end part.
- Holographic Will: the will must only be entirely written, signed, and dated using the hands of the testator. In this case, no witness is necessary. However, the interested party must present any witness who has knowledge of the actual handwriting and signature of the testator and can fully testify that they are of the testator’s during probate of the will.
Nursing Responsibilities
- Witnessing a Will: any person who has a sound mind and of age 18 years old and above, not deaf, dumb, and able to read and write, may be a witness to will. However, the said nurse must be ready to testify on matters that he witnesses before the court during probate thereof.
- Assist in the Mechanical Act of Writing the Will if the patient cannot physically perform the said act. But the decision on matters of disposing properties must be coming from the patient.
- As custodian and safe keeper of the said will, provided that the nurse should surrender it to an appropriate party after the death of the patient.
- Advance Directives: a written statement made by a competent person or a patient that states his decisions to be followed in the event of a sudden serious illness, injury or even death. It also appoints or designates persons authorized to make decisions in behalf of the individual executing advanced directives if the latter is unable to make or state his personal decisions.
- Living Will: a legal document signed by an individual during the time that he is still conscious, lucid and coherent indicating his wishes, special instructions and other specific measures to be utilized if the patient’s ability to make decisions becomes impaired. Discontinuing methods that can prolong life by heroic means are also included. This is a type of advance directive specifically for end-of-life care.
- Durable Power of Attorney: an advance directive that specifies an individual to make decisions on behalf of the patient in the event that said patient becomes incompetent. Said proxy appointed can perform all legal and health decisions in behalf of said patient. He may also refuse a procedure in behalf of the patient.