Firstly, I’m sorry to hear about your mother’s diagnosis of dementia. Learning that your loved one has dementia can be life changing. Dementia affects people in different ways. It’s not a “one size fits all” condition and it doesn’t only affect older people.

It’s normal to think about what might happen in the future. Your mother will likely be doing some planning and making sure legal documents are updated and accurate.

Wills and enduring powers of attorney (EPAs) can only be made or updated while a person has mental capacity. This is determined by a medical professional qualified in the relevant scope of practice.

If there is any doubt of your mother’s capacity, the first step we’d usually suggest is to make an appointment with a medical professional. This will determine your mother’s capacity for writing a will and/or EPAs. The medical capacity can differ for writing a will or an EPA, so it’s important to get medical tests that cover both. This is an important step. If there’s any concerns about your mother’s capacity when she created her documents, this can cause legal issues at the time the estate administration is completed or EPAs activated.

If a doctor does confirm that your loved one has lost capacity to put a will or EPAs in place, you or your family may apply to the Court to be able to look after your loved one’s finances or make decisions about their welfare on their behalf.

If there is not a family member available for or willing to manage finances, then Public Trust can be appointed by the Court to do this and a family member can act as a welfare guardian. The Court can also direct that a will be put in place for that person. For more information about this process, contact us.

You can also read more here: What to do when your loved one is diagnosed with dementia