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Wills and Planning Ahead

How dementia affects your loved ones Will?

Summary

Losing someone close to you can be incredibly difficult. Especially if you're responsible for handling funeral arrangements, personal affairs and sorting out their Will. The experience can often be overwhelming. If someone is diagnosed with dementia, they may face challenges they did not expect. These challenges can range from not accepting the diagnosis, the person's care needs change and even dealing with finance and legal issues. Many people believe that because someone has been diagnosed with dementia, that they do not have the capacity to make a Will but this is incorrect. Many people who are diagnosed with dementia can prepare for the future. There are many ways in which someone can plan; one of the main ways is by creating a Will. Other factors could include a Lasting power of attorney, trusts, advance decision to refuse treatment and many more. If a person has been diagnosed with dementia, this does not automatically mean that they are not able to make a Will to detail their final wishes, whom their money and possessions should go to after they die. It depends on whether the person can understand and make decisions regarding their Will. Those who wish to make a Will must.

Key information

  • What making a Will means and the effect that it will have,
  • What they own and how this might change (including what they may owe or be owned in future),
  • Who might expect to be named in their Will, and why they are choosing to either leave or not leave their belongings to.
  • Losing someone close to you can be incredibly difficult. Especially if you're responsible for handling funeral arrangements, personal affairs and sorting out their Will. The experience can often be overwhelming.
  • If someone is diagnosed with dementia, they may face challenges they did not expect. These challenges can range from not accepting the diagnosis, the person's care needs change and even dealing with finance and legal issues.
  • Many people believe that because someone has been diagnosed with dementia, that they do not have the capacity to make a Will but this is incorrect. Many people who are diagnosed with dementia can prepare for the future.
  • There are many ways in which someone can plan; one of the main ways is by creating a Will. Other factors could include a Lasting power of attorney, trusts, advance decision to refuse treatment and many more.
  • If a person has been diagnosed with dementia, this does not automatically mean that they are not able to make a Will to detail their final wishes, whom their money and possessions should go to after they die.
  • It depends on whether the person can understand and make decisions regarding their Will.
  • Those who wish to make a Will must have 'testamentary capacity'. This is used to describe a person's legal and mental ability to make or alter a valid Will. It means that the person in question should think about:
  • What making a Will means and the effect that it will have,
  • What they own and how this might change (including what they may owe or be owned in future),

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This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.

How dementia affects your loved ones Will? | Legal Shaman