Can Someone with Dementia Make a Will?

Ruth Wijay
Ruth Wijay
Head of Wills, Probate & Trusts

Someone with Alzheimer’s or dementia can make a Will or Lasting Powers of Attorney if they have the mental capacity to understand the decisions they’re making at the time.

For example, if you have only recently been diagnosed with Alzheimer’s or dementia, you could get your legal affairs in order while you still have the ability to make decisions. As part of this, could choose someone to make decisions for you in the future.

We know you might be going through a whirlwind of emotions if you or a loved one has been diagnosed with Alzheimer’s. Thinking about making a Will can be overwhelming, but our Wills and Trusts Solicitors can help you.

Call us on 0808 239 4634 or request a callback

Knowing if You Can Make a Will with Dementia

A diagnosis of Alzheimer’s or dementia doesn’t automatically mean you can’t make any decisions for yourself. But as your symptoms progress, you might struggle to think about complex financial issues and deciding who should inherit your Estate is a really important decision.

Only a healthcare or other qualified professional can decide if you have the mental capacity to make a Will, or any other important decisions.

Even if you can make these decisions now, you should think about choosing someone who can make decisions on things like your finances, health and welfare in the future.

You will need to have a Lasting Power of Attorney in place to give someone you trust the legal permission to make these decisions for you.

Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) is a legal document that lets someone of your choice make important decisions for you. This should be someone you trust.

There are 2 types of LPAs:

    1. Property and Finances

      This gives someone the power to make financial decisions for you, including what to include in your Will. That person can make these decisions as soon as the LPA is registered, if you’d like them to
    2. Health and Welfare

      This gives someone the power to make decisions regarding your health and personal welfare and can only be used if you lack the mental capacity to decide for yourself

Many people think that their husband or wife will automatically have the right to make decisions for them, but this isn’t true.

No one can decide on important life decisions on your behalf unless you give have an LPA in place or they have been granted Deputyship by the Court of Protection, which can take well over a year and is much more expensive.

If your local memory clinic or GP surgery has advised you to update your Will or seek advice regarding an LPA, or if you’d like to put LPAs in place to save your loved ones the time and stress of applying to be a Deputy, our Wills and Trusts Solicitors can help you with the entire process.

We offer a friendly and personal service because we understand that these decisions can be difficult on you and your family. We can use our expertise to make sure your future is secure.

If the dementia progresses to a point where a decision can no longer be made then a will can only be made by applying to the Court of Protection for a Statutory Will. Our Court of Protection team can advise you on Statutory Wills and Deputyships and will always handle your case sensitively.

This is really complex area of law and mental capacity is not black and white.

Our expert Wills and Trusts Solicitors can help you make Lasting Powers of Attorney, write a Will for yourself or a loved one and advise you where you need it. Get in touch today.

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