Wills

 

 

Making a Will is something that we should all have done already -

 

When dementia enters the picture, then certain complications and considerations around your existing will become even more important to act on. This is especially relevant to the person who is the carer - as quite often Wills have been made that are "Mirror Wills" and considerations around property ownership are particularly important too.

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Writing a will can be a complex process. For anyone to make a Will, you must have 'testamentary capacity'. This legal term means there are specific things that you must be able to understand:

• What making a Will means and the effect that it will have.

• What you own and how this might change, including what you may owe or be owed in future.

• Who might expect to be named in your Will, and why you are choosing to either leave or not leave things to them.

If a person has dementia, then for their Will to be valid, their dementia must not affect their ability to make decisions about the Will.

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Dementia, advance decisions and advance statements 

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When you have dementia, planning ahead may include writing an advance decision or advance statement. You can use these to make decisions about care and treatment in the future. 

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What is an advance decision?

An advance decision is a very specific document. It isn’t something everyone wants to make. It can make sure you are not given treatment in the future that you do not wish to receive. It only applies when you lack mental capacity to make that decision at the time. 

If made correctly, your advance decision is legally binding and must be respected by those treating you.

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          Alzheimers Society have an excellent Advance Decision template and you can download it here:

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Whilst we are able to initially talk to you and discuss the situation from our own experience - we categorically must point out that we are not professionally qualified to provide you with any form of legal advice.

 

Therefore we strongly recommend that you seek professional legal advice on these matters.

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Please arrange to visit one of our cafes for an initial conversation and we will be happy to chat and

"point you in the right direction".

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