Power of attorney / diagnosis

choppy-c

Dear All,

This is a little off target maybe but always had a sensible spread of replies & much appreciated good info here so can I ask :

Would I be correct in thinking that it would be very difficult/impossible to change a power of attorney (un-invoked) or will following a diagnosis of dementia / Altzheimers ?

A sensitive question so
Many thanks

Linton

Just having a diagnosis of dementia/Alzheimers does not mean that the person concerned has lost the mental capability to make financial decisions.

troubleinparadise

Does the person with the diagnosis of dementia wish to change their LPA and Will?

If so, they could visit a solicitor and have a discussion (alone) about whether these changes are appropriate given their diagnosis.

Keep_pedalling

If early stage it should still be possible, but as far as the LPA is concerned I would make sure the certificate provider is someone qualified to assess the donor's capacity such as their GP.

Great care needs to be taken with the will as well, especially if it cuts out existing beneficiaries, who are likely to challenge the will after the testator has died.

securityguy

A relative made a health and welfare LPA long after a diagnosis, and there wasn't the slightest suggestion it wasn't valid. It was in favour of her husband and all of her children, so it only shored up custom and practice; had it been something more exotic then I can imagine there being problems. And there was an existing EPA in favour of the same people. As the only people who would have been in a realistic position to challenge it were the attorneys anyway, it seems pretty watertight. However, wills are rather more complex beasts, and can be challenged post-mortem, so a more formal statement from a solicitor that the testator appeared capable might be worthwhile: a DIY will post-diagnosis would be an open goal for challenge, I suspect.

TBagpuss

A diagnosis doesn't mean that the person has lost capacity. Dementia tends to be a gradual process and it would be quite common to have a situation where someone still has sufficient capacity to make financial decision, including making, or changing, a PoA or Will.

However, it would depend on the condition of the individual, and as Keep Pedelling says, it could potentially mean that the will would be more vulnerable to challenge so it would be even more important than usual to make sure that the person making the will does it through a solicitor, not a will writer or DIY. It would probably be sensible to let the solicitor know of their diagnosis and they will be able to form their own view of the person's capacity and if necessary get additional evidence , for instance by arranging for a medical professional to assess the testator, if they have any doubts or concerns about their capacity.

Obviously this depends to some extent on the changes the person wants to make - the more significant these are, the more careful they need to be.