LEGAL AND FINANCIAL AFFAIRS / DEMENTIA ACTION ALLIANCES
Making a will doesn’t have to be an expensive process and the Government website www.gov. uk/make-will has lots of information. People can write their wills themselves, however, it is a legal document, so it is important to seek specialist legal advice. If the person with dementia wishes to make a new will, or there is no trace of them having a will, you need to find out whether they have ‘testamentary capacity’ to make a new one. If there are concerns that the person with dementia lacks capacity to make a new will, a GP can be asked to assess this. If medical opinion is that the person lacks testamentary capacity, then an application can be made to the Court
of Protection for a ‘statutory will’. The person making the application does not need to be the deputy or attorney of the person with dementia. A statutory will is essentially a will that is prepared on behalf of the person with dementia with terms that are believed to be in their best interests. The Court of Protection then considers the will and the wishes and feelings of those people who would otherwise inherit and decides whether to approve the will. This process can be very complex and it is advisable to seek advice from a specialist solicitor to make this type of application in all cases. In many cases, it will be better for all concerned than allowing the person with dementia to die without a will in place.
FURTHER INFORMATION These are only some of the legal and financial considerations when a person has dementia. There are other considerations if they require formal care or support and how this may be paid for. The Care Choices website, produced by the publisher of this Guide, has more information
on finding care and support and associated considerations. Alternatively, Care Choices publishes a range of care and support guides for different regions, visit www.carechoices.co.uk to see if your region is covered, find out more or to search for care providers in your area.
Dementia Action Alliances DEMENTIA FRIENDLY HAMPSHIRE AND THE HAMPSHIRE DEMENTIA ACTION ALLIANCE The Hampshire Dementia Action Alliance (HDAA) is a group of local organisations that are passionate about equality for people living with dementia within the county. Dementia Friendly Hampshire is a small charity which acts as Secretariat to HDAA and supports the work of creating dementia friendly communities, businesses and organisations across Hampshire. Our aim is for people with dementia and
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their carers to live well and to be part of their communities. We work to increase understanding and awareness of dementia to reduce stigma and to improve the lives of those affected. The hope is that people with dementia and their families and loved ones can feel better supported in their communities. This will be achieved by: • Supporting and helping to set up local Dementia www.carechoices.co.uk/dementia
