“My Partner Has Dementia and No Will—What Do I Do?” Don’t Worry, We’ve Got You Covered!
First off, take a deep breath! If your partner has dementia and no Will in place, you’re not alone in facing this challenge. Fortunately, there are a couple of options for you to consider—and we’re here to break them down in a way that’s both clear and helpful.
Option 1: The Enduring Power of Attorney (EPA) to the Rescue
If your partner has an Enduring Power of Attorney (EPA) for property in place, you might be in luck! The EPA can sometimes allow the appointed attorney (that’s you, potentially) to apply to the Family Court for approval to create a new Will on behalf of your partner. You would need to check if this option has been included in the Property EPA. Sounds like a lifeline, right?
Option 2: No EPA? You Could Be Appointed as a “Property Manager”
If there’s no EPA in place, don’t worry—there’s still hope. You can apply to the Family Court to be appointed as a “Property Manager” for your partner. Once you’re appointed, you can ask the court to approve a new Will. This option is often used in situations where a Will is missing or outdated.
What If There’s Already a Will, But It’s No Longer Relevant?
Sometimes life changes so much that the Will needs an update. Maybe your partner’s original Will has named executors who are no longer around, or perhaps it no longer reflects current circumstances. If that’s the case, the Family Court can help! You can apply for a new will to be approved, which can be signed by the EPA (if they have the power) or the Property Manager (not by the person with dementia).
Why Should You Act Early?
As much as it’s possible to apply to the Family Court for a new Will, it’s important to remember that the process does involve court proceedings, which can lead to costs, delays, and extra hassle. So, while it’s comforting to know there’s a solution, it’s always a good idea to tackle Wills early in life and keep them updated as your circumstances change.
Need Help? We're Here for You!
While getting a will approved through the Family Court isn’t something that happens every day, our team at Godfreys Law has worked on several cases like this and can offer expert advice on the steps involved—and the likely costs. If you’re feeling a bit uncertain about your next steps, don’t hesitate to reach out to our friendly Life Law team. We’re always happy to guide you through the process!
So, there you go! Whether you have an EPA or need to apply to be a Property Manager, there’s a way forward. Just remember, don’t panic—help is available, and we’re here to make the process as smooth as possible!
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