Mental Capacity

welshfrenchies

Registered User
Aug 23, 2017
2
0
my mother has dementia and both my parents wish to update their Wills to include a discretionary trust for my brother. We informed their solicitor of my mothers diagnosis and he immediately said that my mother can no longer update her will without proof from a doctor that she has the mental capacity. It seems to me that instead of my mother being supported to make her own decisions she now has to prove that she can first. I would have hoped that a solicitor could use their judgment to check that my mother had testamentary capacity to ensure she knows what she is signing as opposed to having to provide a certificate from a GP. The solicitor has not spoken with my mother at all before reaching this decision. I am wondering if I have misunderstood the requirements of the mental capacity act
 

canary

Registered User
Feb 25, 2014
25,018
0
South coast
No you havent @welshfrenchies - its the solicitor who has. Im guessing that he hasnt had much experience of people with dementia. Can you try another solicitor?

PS Welcome to Talking Point.
 

chippiebites

Registered User
Jun 27, 2018
89
0
My OH was lucky in having a very understanding solicitor. She had done POA for us soon after OH diagnosed with Vascular Dementia. She came to our home and talked to him about his wishes for his will, and was satisfied that he knew what he was doing, so took instruction from him. The solicitor came back 2 weeks later with her secretary as witness, we didn't have to get doctor involved. As long as your mother has capacity at the time that should be sufficient. Good luck with another solicitor.
 

welshfrenchies

Registered User
Aug 23, 2017
2
0
My OH was lucky in having a very understanding solicitor. She had done POA for us soon after OH diagnosed with Vascular Dementia. She came to our home and talked to him about his wishes for his will, and was satisfied that he knew what he was doing, so took instruction from him. The solicitor came back 2 weeks later with her secretary as witness, we didn't have to get doctor involved. As long as your mother has capacity at the time that should be sufficient. Good luck with another solicitor.
Thank y
No you havent @welshfrenchies - its the solicitor who has. Im guessing that he hasnt had much experience of people with dementia. Can you try another solicitor?

PS Welcome to Talking Point.
i did try another solicitor with the same result. I have just messaged mums social worker. But I will keep trying thank you
 

Beate

Registered User
May 21, 2014
12,179
0
London
I think the solicitor is just trying to protect himself against potential lawsuits. There are independent mental capacity assessors you could try.