Power of Attorney/Wills

[Guest]

I wonder if someone is able to help (and I am sorry if this question has been asked before).

My mother would like to make a new Will. She has [next to] no physical capabilities as she is at an advanced stage of PLS. She does, however, have mental capacity.

I have a Lasting Power of Attorney in place for her.

My question, therefore, is can I make a WIll on her behalf? Is it straightforward or are there more hoops to jump through? Has anyone had any experience before?

Your help would be appreciated.

Joel

[Terry]

Hi Joel;

Best ask a solicitor. It would seen wrong to me that you can make a will on her behalf.

However, if see can give a clear indication to a solicitor of what SHE wants without you there (if you are a beneficiary), I think it should be possible. Things like an existing will might make it more difficult.

Regards Terry

[Andrew]

I wonder if someone is able to help (and I am sorry if this question has been asked before).

My mother would like to make a new Will. She has [next to] no physical capabilities as she is at an advanced stage of PLS. She does, however, have mental capacity.

I have a Lasting Power of Attorney in place for her.

My question, therefore, is can I make a WIll on her behalf? Is it straightforward or are there more hoops to jump through? Has anyone had any experience before?

Your help would be appreciated.

Joel

Hi Joel,

Firstly, the Association will be publishing a new End of Life Guide in the next few weeks which will have lots of information on Power of Attorney and making a will. I’ll let you and the forum community know as soon as this is available.

I’ve asked our Care Team and got a bit of information (below). Just to be clear, this is not legal advice in itself and we recommend seeking guidance from a legal professional in all cases:

A will is a legal document and needs to be worded correctly to ensure it is valid. Assistance from a qualified solicitor or reputable will-writing company is generally recommended, particularly if the person:

• has complex finances
• needs to provide for someone who is unable to make decisions (known as lacking mental capacity)
• needs to provide for someone under 18 years of age
• has their own business
• has overseas finance or property
• shares a property with someone who is not their husband, wife or civil partner
• has family members who may challenge the will, eg children from another marriage.

Search for making a will on the government online service www.gov.uk to find out more. The key point is to get professional legal guidance regardless of the situation.

Please be aware that our MND Connect Helpline Team can help you with this. Give them a call on 08457 626262 or email [email protected].

Sorry my advice is a bit limited, but I hope this helps.

Best wishes,

Andrew