Wills and Living with Dementia

Contrary to popular belief, it is often possible for a person suffering with Dementia to make a Will.

Dementia is a degenerative condition which can often progress quickly and therefore if you do wish to make a Will or Lasting Power of Attorney, timing is key.

In order for someone to make a Will they must have what is known as testamentary capacity. This means having the necessary cognitive ability to understand:

• The purpose of a Will
• The extent and value of their assets
• The effect of decisions included in the Will, including omission of individuals who can have a claim upon their estate

If someone has a dementia diagnosis it is best practice to consult with a Solicitor to ensure that they are satisfied of testamentary capacity. If capacity is in doubt it may be necessary to get an assessment of capacity by an independent medical expert before proceeding to take instructions.

What if an assessment of capacity comes back negative?

If it is found that a person does not have capacity it will not be possible for them to put in place a valid Will or LPA and it would be necessary for their family members to apply to the Court of Protection to be appointed their Deputy in order to manage their financial and property affairs.

Will Writing at Jordans Solicitors

For more information see here.