Can someone with dementia request a copy of their will?

[zussed]

Hi

My mum has dementia which comes and goes depending on the time of day. She used to live with my sibling but when they became unwell, she moved in with me, and the sibling has issues with that but it was Mum's choice.

We have found out there is quite a bit of money in a savings account she had forgotten about. It is getting very little interest and needs to be reinvested better. She was able to speak to them on the phone about the account and answer all the questions but they require she calls into branch to pick up a new book. They advised that it needs moved to a higher interest account. Not sure she will be able to do this without them realising she has dementia and stopping the account.

Her other accounts are in joint name with us, her children, so no issues there.

As far as I remember she made a will about 20 years ago leaving everything to my sibling so there is no financial gain for me, but it would be a shame for the money to be eaten by inflation. My sibling is pushing me to get this account activated again but if the account is locked down, we'd have to go for controllership and we want to avoid that.

So after all that, my question is, can we ask her former solictor for a copy of any will they hold for Mum? She is capable of writing letters etc, but they are aware she has dementia as the company are my sibling's solictors too, and the sibling told them of her issues when trying to prevent her from moving in with us. (Sibling wanted her in a home near them so it would be handy to visit even though they were desperate to shift her out of her house with them).

From a selfish point of view, I don't want to have the hassle for money that won't be coming my way after Mum passes. I have enough looking after all her physical and mental needs on a daily basis.

TIA
Zussed

 

[Jessbow]

Why does what her will says matter? nothing in her will impacts on anything until the day she dies

does anyone have power of attorney?

 

[nitram]

My sibling is pushing me to get this account activated again but if the account is locked down, we'd have to go for controllership and we want to avoid that.

I assume this means Mum has not granted an LPA, it may now be too late for this to happen

Her other accounts are in joint name with us, her children, so no issues there.

There is a major issue.
In any financial assessment the LA will include half the balance of all accounts in Mum's assets and available for care.
This wants sorting out and could be difficult without LPA.

 

[Kevinl]

Hello and welcome.
Personally I wouldn't, as has been said you could draw her condition to thier attention and unless you have a registered Power of Attorney in place for legal and financial come to regret chasing a few percent more interest on her money.
If you do have a register PoA then it could be argued that you should do it as you obliged to act in her best financial interests.
Not familiar with the term controlership, is this a Court of Protection thing or outside the UK.
K

 

[Scarlet Lady]

My opinion is that if someone has made a a legally valid will, it is their property and of course they are entitled to have a copy of it. Solicitors these days seem to only provide copies on request, which I think is an extremely short sighted policy when we have an epidemic of dementia which may well mean that in the fullness of time, the PWD and their family have absolutely no idea where their legal documents are; a situation which can be disastrous when the PWD passes away. So, ask for a copy of everything, would be my advice.
When I was trying to sort out my late aunt’s affairs (when she was still alive) I tracked down her solicitor and explained that, following a house move, she had lost all of her important documents. I asked that copies be sent to her directly, rather than myself. I did have POA but it hadn’t been activated at that time. There was no problem in doing this and her mental state wasn’t an issue. Even if the terms of the will are not relevant at this point in time, I think it’s important that your mother has a copy of it in her possession.

 

[zussed]

Why does what her will says matter? nothing in her will impacts on anything until the day she dies

does anyone have power of attorney?

No POA otherwise it would be straightfoward.

Why does what her will says matter?

If her will leaves everything to my sibling I don't want the hassle of trying to sort and reinvest money that is for the sibling's benefit while I'm busy enough looking after her every daily need. She has no need of the money herself at this stage of life as we are providing everything. However if she had specified some to go to my children or myself then I'd try and do something to stop inflation eating away at it.

 

[zussed]

I assume this means Mum has not granted an LPA, it may now be too late for this to happen


There is a major issue.
In any financial assessment the LA will include half the balance of all accounts in Mum's assets and available for care.
This wants sorting out and could be difficult without LPA.

"This wants sorting out and could be difficult without LPA."
Ain't that the truth. The one thing we've learned the hard way. We now have LPA in place for ourselves.

 

[nitram]

No POA otherwise it would be straightfoward.

If her will leaves everything to my sibling I don't want the hassle of trying to sort and reinvest money that is for the sibling's benefit while I'm busy enough looking after her every daily need. She has no need of the money herself at this stage of life as we are providing everything. However if she had specified some to go to my children or myself then I'd try and do something to stop inflation eating away at it.

Not as simple as that.
She could leave a fixed sum to sibling with you/your children included in those receiving the residual.
Reducing total assets could affect residual.