Alzheimer's Research UK's guide to making a Will June 2023 - Flipbook - Page 15
WHAT IF YOU, OR A LOVED ONE ,
ARE AFFECTED BY DEMENTIA?
Having dementia doesn’t necessarily mean that you are
unable to write a Will. It can still be possible as long as you
are capable of making decisions about your wishes.
We always suggest that you work with a solicitor in this
situation. You can find a list of solicitors with experience of
helping clients affected by dementia on our website.
Mental and testamentary capacity
The Mental Capacity Act protects your right to make your
own decisions while you have capacity to make them. This
can vary depending on the day, time of day, or the decision
that needs to be made.
If you don’t have capacity for a particular decision, and
you’ve appointed an attorney using a Lasting Power of
Attorney, they can make the decision for you based on
their understanding of your wishes and best interests.
If you are diagnosed with dementia, you might consider
asking your medical consultant to be one of these witnesses.
Or you could ask them to attest separately to your
testamentary capacity, which your solicitor can then record.
Making a Will requires testamentary capacity, which
means understanding what a Will entails and who might or
might not benefit. Anyone writing their Will must also have
two people on hand to witness its signing.
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