LEGAL AND FINANCIAL AFFAIRS / DEMENTIA FRIENDLY COMMUNITIES
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 Friendly Communities A dementia friendly community is a city, town or village where people with dementia are understood, respected and supported.
a range of professionals and local people to share ideas and information and seek advice and support from other members.
In Leicester, Leicestershire and Rutland, we are working towards this. These local dementia friendly communities have developed in response to local interest and can link closely to local community groups, organisations and businesses. They provide an opportunity to network with
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www.carechoices.co.uk/dementia
