Writing a will is an essential step in planning for the future, but it becomes even more important when a loved one has been diagnosed with dementia. Dementia can affect a person’s ability to make decisions, so it’s necessary to act early while they can still express their wishes.

In this blog, we’ll help you handle the complexities of assisting someone in writing a will with dementia, providing clear steps to ensure their desires are honoured. We’ll cover when to start the process, how to involve legal professionals and ways to communicate sensitively with your loved one.

If you’re looking for guidance on specific challenges, we’ll offer practical advice to help you make informed decisions during a difficult time. Let’s begin.

Understanding Legal Capacity in the Context of Dementia

Legal capacity refers to a person’s ability to understand and make decisions about their affairs, including writing a will. In the context of dementia, assessing legal capacity is important because the condition can impair the person’s judgement and memory.

Writing a will with dementia doesn’t automatically make it invalid. To write a valid will, your loved one will need to demonstrate that they understand what a will is and that they’re aware of the extent of their assets and who their beneficiaries are.

It’s essential to consult with legal and medical professionals to determine if your loved one has the necessary capacity. This can prevent future disputes and ensure that their wishes are respected.

Steps to Assess Capacity Before Will Writing

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Before helping your loved one in writing a will with dementia, it’s important to assess their capacity to ensure that they can make informed decisions. Start by consulting a doctor who specialises in dementia to evaluate their mental state.

The doctor can provide a formal assessment to check if they’re able to understand the implications of a will. Additionally, a lawyer experienced in elder law can conduct interviews to gauge whether they fully comprehend the process of will writing.

If your loved one is deemed capable, it would be wise to document this assessment in writing. This helps to protect the validity of the will and reduces the risk of future legal challenges.

Choosing the Right Time to Discuss Will Writing

Choosing the correct time to discuss will writing with a loved one who has dementia is essential. It’s best to approach the conversation early while they still have the mental clarity to make informed decisions.

Make sure to pick a moment when they are calm and relaxed to avoid confusion or agitation. It’s also important to be sensitive and patient with them and explain to them that this discussion is about ensuring their wishes are properly honoured.

You could also involve a trusted third party, like a family doctor or legal professional, to help facilitate the conversation. If you start early, the process can be much smoother and less stressful for everyone involved.

Involving Legal Professionals and Ethical Considerations

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Involving legal professionals is essential when you’re assisting someone in writing a will with dementia. A lawyer or legal expert can guide you through the process, ensuring that all legal requirements are met and the will is valid. They can also help assess your loved one’s capacity and document it properly.

Ethical considerations, such as ensuring that your loved one is making decisions free from pressure or influence, are equally important. The lawyer should work independently to confirm that their wishes are genuine.

By involving legal professionals, you can protect your loved one’s rights and create a will that truly reflects their intentions. Need guidance for writing a will? Consult our legal experts today.

Alternative Options if Writing a New Will Isn’t Possible

If writing a new will isn’t possible due to advanced dementia, there are alternative options to consider. One approach is to review any existing will to ensure it still reflects your loved one’s wishes. If changes are needed, a court may grant permission to update it through a process called a statutory will.

Another option is to activate an existing Power of Attorney, allowing a trusted individual to manage financial and legal matters on their behalf. However, this is only possible if the POA was created while the person with dementia still had the capacity to understand the document and what they were approving.

Trusts can also be used to manage assets according to your loved one’s preferences. This is where consulting with a legal expert can help you determine the best course of action.

To Write a Valid Will Online, Contact Zenco

If you need guidance on how to assist your loved one in writing a will with dementia, our legal experts can tell you more about the ins and outs of the procedure.

At Zenco Legal, we aim to make legal services easily accessible to everyone. 

Whether you’re looking to appoint a Power of Attorney, write a will, or set up a trust, our legal professionals can offer you the support and guidance you need. With our team of dedicated professionals, we’ll help ensure that you remain in control of your future.

For more information on our services, check out our guides or book an appointment now.

Kate Lawrence LL.B