Mental Capacity Matters
I am pleased to be a member of the Birmingham branch of Solicitors for the Elderly.
The law relating to the validity of Wills reflects the principle that a Testator’s mind must accompany his act – he must be of sound mind, memory and understanding when the Will is made.
As a Society we are ageing. I was very interested to attend an excellent seminar organised by Solicitors for the Elderly and presented by Professor Tony Elliot of Staffordshire University, “Understanding Dementia, Alzheimer’s Disease and Medico-legal issues”. He explained how Alzheimer’s attacks human brain cells and the clinical features of the illness. As Solicitors we are aware of the general rule as to capacity in relation to the client when he signs his Will. We need to be careful to make detailed notes of meetings with the client, it is important that these records are preserved for future reference, if the Will is ever challenged. Professor Elliot helped us with five basic principles and advice to help us with the assessment of capacity including a Folstein Mini – Mental test.
The same issues are relevant when acting in relation to Lasting Powers of Attorney, conveyancing, other contracts or making lifetime gifts. We are convinced that such awareness and file records which will be accessible in the future are a very important part of the service which we offer our clients.
Please contact us if you have any queries in relation to the matters highlighted above.
We would also be pleased to hear from you with any ways that we can improve our service.
Judy Dyke TEP
Partner and Head of Private Client Team