It’s Dementia Action Week from 19–25 May, the Alzheimer’s Society’s annual campaign to raise awareness of dementia and highlight the importance of an early diagnosis.
There are currently estimated to be 982,000 people with dementia in the UK, but more than a third of people with the condition do not have a diagnosis.
If you have dementia, being diagnosed at an early stage gives you a chance to adjust and get things that you need.
It can also help you plan for the future, which can include putting in place the various legal documentation you may need, such as a Will and a Lasting Power of Attorney (LPA).
In this blog, our experienced Private Client solicitors consider whether someone who has been diagnosed with dementia can make a Will.
What is dementia?
Dementia is a set of symptoms caused by different diseases that affect the brain. It can affect people differently. However, the most common symptoms of dementia include:
- Memory loss.
- Difficulty concentrating.
- Problems with language and communication.
- Misunderstanding what is seen.
- Confusion.
- Mood changes.
Dementia is a progressive condition, which means symptoms get worse over time.
Alzheimer’s disease is the most common type of dementia.
Why do people with dementia need a Will?
Making a Will is the only way to ensure your assets pass on to those people you want to benefit from them.
Every UK adult needs a Will.
However, while some people put off making a Will, it becomes more urgent for those who have received a dementia diagnosis.
Making a Will has numerous benefits, including:
- Ensures wishes are followed.
- Provides valuable peace of mind.
- Reduces chances of future disputes.
- Avoids legal issues later on.
Can someone with dementia make a Will?
Yes, someone with dementia can make a Will, provided they have the ‘testamentary capacity’ to do so.
What is testamentary capacity?
Testamentary capacity refers to someone’s mental and legal ability to make or alter a Will.
The test for testamentary capacity was first set out in the Banks v Goodfellow legal case in 1870. This established that in order to make a Will, the testator (the person making the Will) must be able to:
- Understand the nature of making a Will and its effects.
- Understand the nature of the assets that comprises their estate.
- Understand the consequences of their decisions.
- Show awareness of their chosen beneficiaries.
- Demonstrate independent and rational decision-making.
If a testator lacks testamentary capacity when the Will is executed, it is invalid.
How do people with dementia make a Will?
If someone with dementia needs to make a Will, they should seek specialist legal advice.
An experienced private client solicitor specialising in Wills can assess testamentary capacity and ensure the correct legal processes are followed.
Navigating the legal system when you have a dementia diagnosis can be challenging.
At Bookers & Bolton, all of our solicitors are trained Dementia Friends, which means we provide the best possible care and legal advice for people living with dementia and their families.
We can advise on Wills, Powers of Attorney and other legal issues affecting people with dementia and their families.
To book an appointment to see one of our specialists, call us now on 01420 558335. We can talk to you face to face, from your screen at home, or even arrange a home visit.
Solicitors Near Me
Issues affecting older and vulnerable clients can be complex and varied, and our private client lawyers in Alton, Hampshire can assist and advise in several areas, including:
- Wills.
- Lasting Powers of Attorney.
- Court of Protection (including Deputyship, Gifting and Statutory Will Applications).
- Ongoing support and advice for Attorneys and Deputies.
- Mental Capacity Issues.
- Residential Care Issues.
- Property Issues.
- Funding in Care.
- Local Authority Assessments for Care.
- Continuing Care and NHS Care Home Funding.
- Financial Abuse.
- Safeguarding.
- Vulnerable Adults and Children.
Our elderly and vulnerable client lawyers will take the time to understand your situation, ensuring you understand and are comfortable with our advice.
Get In Touch
To speak to one of our experienced team members near you, contact us on 01420 558335, email us at enquiries@bookersandbolton.co.uk or make an online enquiry here.
