Edward was admitted to a nursing home in November 1999, suffering from dementia. He was a widower and had three sons. He had $138,600 in savings at this time and a monthly income of $1,800. His nursing home and medical expenses were approximately $6,000 per month. In 1991, Edward had created a Last Will and Testament, a General Durable Power of Attorney for Property Management, a Health Care Power of Attorney and a Living Will. His sons were named as agents on these documents, in the order of oldest to youngest, and the children were named as equal beneficiaries under the Will.

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