12A Dementia and the Need for a Will and Other Documents [Update 10 - 22.12.13]

A person with dementia in the end of life (EOL) phase should be receiving appropriate care, in an appropriate place, and in accord with his or her wishes. Hopefully, he or she would have made arrangements to be in place so as to cover important decisions about their care, place, and their finances and property. If the individual is young the decisions may affect a young spouse or partner and any children. The decisions can only be known and acted upon in law by the family, carer, doctors, health and care workers if there is a Will, and powers of attorney, etc covering property, finances and, in particular, health and welfare (care) matters.

The above and other pre-EOL matters which might be listed. [see Post 12B]. They include:

• Will
• Lasting power of attorney for a) property and finance, and  b) health and care 
• Decisions on refusal of treatment
• Funeral arrangements 
• Donations of organs and pacemaker, etc
• Family records and history for future generations
• Messages for family members and friends 
• Decisions about distribution of sentimental items
• Declutting of papers, records and chattels
• Trusts and other arrangements for vulnerable members of the family, eg children, vulnerable adults.

A lawyer who specialises in family law, estate planning and the like might be expected to give advice on the likes of the following documents:

• Will
• Lasting powers of attorney for financial and property affairs (see a later Post)
• Lasting powers of attorney for health and welfare (see a later Post)
•  

Will

It is surprising how many individuals do not have a Will (or "mirror" Wills in the case of a couple). 

A Will is a formal legal document which states the wishes of an individual (testator) as to the likes of the following:

• distribution of his or her estate after death 
• provisions for a spouse or partner and any children 
• gifts to other persons, etc. 

Formal Preparation of a Will

When preparing a Will certain formal conditions are required by law, including

• the testator must have mental capacity to make a Will 
• provision for one or more executors who will administer the estate in due course
• a signing of the Will by the testator
• the witnessing of the act of signing by two persons.

A Will is normally prepared by a solicitor or legal executive after an explanation of the testator's intentions - where necessary, with guidance on how the law affects the intentions. 

Absence of a Will 

Unless an individual has made a Will his or her intentions for his or her estate would most probablty not be met.   This is likely in the following kinds of circumstances:

• no Will was made 
• the Will is void as a result of re-marriage taking place after it was made
• the testator did not have mental capacity at the time the Will was signed 
• the Will is otherwise invalid, eg it is defective in form, eg not witnessed. 

In any of these circumstances the deceased's Estate will pass under the Rules of Intestacy.

Finally, even if a Will has been made, it may be disputed and contested in law because, for instance, no provision was made for the deceased spouse or children who are minors. Here one or more aggrieved parties may seek a deed of variation.  

Solicitors for the Elderly
Many solicitors may advise or act on these matters but in the 1990s a national body was set up, Solicitors for the Elderley. It authorises individual solicitors, barristers and legal executives requiring of them the following:

• to have a specified number of years of advising seniors
• to pass a qualifying examination on the relevant areas of law
• to comply with the SFE Code of Practice.

More details are available on the following website: http://www.solicitorsfortheelderly.com/

Footnote: This mention of Will Aid - see www.willaid.org.uk/ which, I understand, runs in November every year, and allows individuals or couples to obtain a Will or mirror Wills respectively at relatively low prices.