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Mental capacity for will

spandit

Registered User
Feb 11, 2020
114
We had a lovely lady over last week to help my father update his will, on his request. She's drafted it but isn't confident that he has the sufficient mental capacity as I was there and may have prompted a bit too much. Hoping when she meets him again without me, he'll prove to her that he does have sufficient capacity as I have no idea where his old will is.

Was hoping this might reduce my stress levels but there they go again!
 

cobden 28

Registered User
Dec 15, 2017
62
Back in the early noughties my late Dad wanted to change his will, but as he was in hospital with dmentia, he had to be examined by a consultany psychiatrist to determine his competence and understanding. I have it in writing that Dad had 'senile dementia to a marked degree' (quote from the official letter) so he was tyherefore deemed not cpmpetent to change his will.

Perhaps, of ypur Dad wants to change his will for any reason, you should arrange for him to be examined by a consultant psychiatrist to make sure he's mentally competentt to make these changes to his will?
 

spandit

Registered User
Feb 11, 2020
114
The paralegal is happy to make an assessment without me there. Hoping he'll be having a decent day.
 

cobden 28

Registered User
Dec 15, 2017
62
The paralegal is happy to make an assessment without me there. Hoping he'll be having a decent day.
When my Dad was assessed by the consultant psychiatrist he was in hospital in our home town in the north-east of the country and I live on the couth coast, so I certainly couldbn't be present at the assesment ! But the hospital authorities were aware that, as Dad's eldest child, I was the next of kin so I was automatically sent a wrtiien copy of the psychiatrist's report.
 

spandit

Registered User
Feb 11, 2020
114
I was absent from the property as he spoke to her and she hasn't got back to me yet so hoping all is well. My wife was in the next room eavesdropping and didn't hear anything untoward
 

Nomorepets

Registered User
May 26, 2020
25
Spandit, if you take your father to his GP they can make an assessment and write to his solicitor confirming that he is or is not capable of making a new will. As for the prompting, be very careful, should there be anyone who might challenge the will, this could be brought up. Not suggesting that there is any mean spirited beneficiary in your father's will that might suggest coercion but, plenty of families fall out over wills.
 

canary

Registered User
Feb 25, 2014
12,932
South coast
if you take your father to his GP they can make an assessment and write to his solicitor confirming that he is or is not capable of making a new will.
@spandit - Please be aware that although some GPs might do this, many will not (especially in todays covid circumstances), and even if they do, they will charge for it.
 

spandit

Registered User
Feb 11, 2020
114
She sent the draft through today so I think she's deemed him capable (which he is for the most part).