Signing A Will With Lack Of Capacity

[Lighning]

My friend did a draft will with a solicitor 5 months ago when he was compis mentis,unfortunately he had a fall ,his health deteriorated he is now in a care home but appears to suffer from vascular dementia and lacks capacity ,other than that he is fair shape , he is 80 yrs old. There is a Legal power of attorney in place . Is it possible with the original solicitor who drew up the draft will, plus the LPA ,who is not a direct beneficiary, to get the will signed by him ? Or what else can be done ? my friend was very keen to help not only to leave money to his offspring but his friends and charities as well.

[fiction-factory]

I'm no expert but I doubt anyone can be sure he agreed/agrees to the draft will

[woofgang]

useful stuff here....seems like it may be possible under certain circs
https://www.co-oplegalservices.co.uk/media-centre/articles-sep-dec-2017/making-a-will-and-mental-capacity/

[Barmaid]

It depends on his capacity - normally with vascular dementia, capacity fluctuates.

He could sign the draft of the Will if he knows he is signing a Will for which he has already given instructions and understands what a Will is. The original solicitor would need to sort this.

The alternative is for the Attorney to apply to the Court of Protection for a statutory Will in the same terms as the draft. I suggest you discuss with the Attorney and get some legal advice.