Making a will is a crucial step in life, as it ensures that your assets are distributed in a manner you deem fit, even when you are no longer around. But what if a person develops dementia? Can they still make changes to their will? Unfortunately, the answer is not a straightforward one.
What is Dementia?
In simple words, dementia is an umbrella term for diseases that affect the brain and its ability to remember, think, and reason. Memory loss is one of the most common symptoms of dementia, but it can also cause changes in communication and behavior. In most cases, dementia is a progressive condition, meaning it gets worse as time passes.
The Legal Implications of Dementia
As mentioned earlier, dementia is a progressive condition. This means that the legal implications of dementia can change over the course of time. In most cases, a person with dementia is not legally allowed to manage their own affairs, including changing their will. This is because the individual may not have the mental capacity to understand the implications of the change and may not be capable of making rational decisions.
What If a Person Wishes to Change Their Will?
If a person with dementia wishes to change their will, the best way to go about it is to get a mental capacity assessment done. This assessment helps determine the mental capacity of the individual and whether or not they are capable of making rational decisions. It’s important to note that the assessment has to be conducted by a qualified professional.
How Does the Mental Capacity Assessment Work?
The mental capacity assessment works by testing the individual on their ability to make decisions and understand the results of those decisions. This includes testing the ability to understand the purpose of the assessment and the consequences of changing the will. It’s important to note that the assessment has to be conducted by a qualified professional.
What Happens If the Person Passes the Assessment?
If the person with dementia passes the assessment, they may be allowed to make changes to their will. However, it’s important to note that the changes must be made while the person is still mentally competent and not after their condition has deteriorated. Additionally, any amendments must be in writing, signed by the person, and witnessed by two people.
What Happens If the Person Fails the Assessment?
If the person with dementia fails the assessment, they may not be allowed to make changes to their will. In such a case, the court may appoint a guardian who can help manage their affairs and make decisions on their behalf. This includes making changes to the will, if necessary. It’s important to note that any changes made by the guardian must be in accordance with the individual’s wishes and best interests.
Conclusion
In conclusion, a person with dementia may be allowed to make changes to their will, but only if they pass a mental capacity assessment. If the assessment is unsuccessful, the individual may not be allowed to make changes to their will and a guardian may be appointed to manage their affairs, including making changes to the will, if necessary. It’s important to note that any changes must be in accordance with the individual’s wishes and best interests.