Dementia awareness week creating and will or lpa

Dementia Action Week is a national event that encourages people to take action to improve the lives of people affected by dementia

It is often assumed people with dementia cannot make a Will (if they haven’t already) nor change their existing will. This is because, to make or change a Will, a person must have the necessary testamentary capacity. To make LPAs it is necessary to understand the meaning and effect of the documents.

Capacity is function-specific; therefore, a person may have capacity to understand and make some decisions but not others. Dementia can affect a person’s capacity and ability to understand legal documents.

When we see a client to take instructions for a Will, or to put in place Lasting Powers of Attorney (‘LPAs’), we undertake a capacity assessment within the very first meeting. If there is any doubt as to capacity, or if there is perhaps an existing medical diagnosis (such as dementia), it does not necessarily mean a person does not have any capacity whatsoever to make a Will or LPAs.

Where there is doubt as to capacity, we would recommend a full capacity assessment of the person takes place by a qualified medical professional (who could be their GP). A report would then be produced by them.

The report should specifically assess and state whether the person with dementia has the requisite testamentary capacity to give instructions to make a Will and/or LPAs. If capacity is confirmed, the person can then proceed with making a Will/LPAs, however, this should be done quickly as capacity can decline over time.

Dementia, specifically, is a progressive disease that gets worse over time so it is important to act quickly if the person diagnosed wishes to make a Will or change their existing Will.

There is often stigma attached to whether a person who has a diagnosis of dementia can instruct a solicitor. By raising awareness of this disease, and its effects, we can help those affected and their families understand that having dementia is not a complete bar to a person making a Will or putting an LPA in place.

Hatch Brenner has experience advising clients with dementia and their families therefore if you wish to get in touch our Private Client Team are available to answer any questions you may have. Contact our Head of Private Client, Caroline Billings via [email protected] or via 01603 214 220.