When someone is diagnosed with dementia, it's essential to create or update their will as soon as possible. You should be prepared for the future as you never know what it may bring.
As people age, they may start to worry about the future and what will happen to their assets and loved ones when they pass away. It’s essential to plan ahead by writing a will, but a dementia diagnosis can complicate this process.
What is Dementia?
Dementia is a term used to describe a group of symptoms related to cognitive decline. These symptoms can include memory loss, confusion, as well as difficulty with language, problem-solving, and decision-making.
Dementia is a progressive condition, which means it will get worse over time, and there is – currently – no cure.
Writing a Will with Dementia
When someone is diagnosed with dementia, it’s essential to create or update their will as soon as possible.
It’s crucial to ensure that the person with dementia understands the implications of their decisions when creating or updating their will. They should be able to understand the details of their estate plan, including the distribution of their assets and the appointment of an executor.
What if it’s too late to update a Will?
In some cases, a person with dementia may no longer have the mental capacity to create or update their will.
If this is the case, it may be necessary to consult with a legal professional to determine whether the person has the necessary mental capacity to make legal decisions. If they do not, you may need to seek deputyship to ensure that their interests are protected.
Challenges of creating a Will with dementia
Creating a Will with dementia can be challenging for both the person with dementia and their loved ones. One of the most significant challenges is ensuring that the person with dementia understands the implications of their decisions.
They must understand what they are giving away and to whom.
It’s also important to ensure that the person with dementia is not being coerced or manipulated by others.
Family members and friends may have their own ideas about how assets should be distributed, and they may try to influence the person with dementia’s decisions. It’s crucial that the person with dementia’s wishes are respected, and that their decisions are made independently.
Write your Will sooner rather than later
Creating your Will is an essential part of planning for your future, and it’s especially important for people with dementia.
However, writing your Will with dementia can be challenging, and it’s essential to ensure that the person with dementia understands the implications of their decisions. It’s also crucial to protect the person with dementia from coercion and manipulation by others.
If you or a loved one has been diagnosed with dementia, it’s important to consult with legal and financial professionals to ensure that your interests are protected.
Will writing and estate planning specialists
The Wills and Probate team at Cunningtons have years of experience dealing with the sensitive issue of Will writing and estate planning, no matter what the medical condition of the testator.
Contact us for more information.