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Elderly parents

Will question

9 replies

countrygirl99 · 28/01/2022 14:22

Anyone know what happens when the executor has dementia and can't even remember that the funeral has been organised an hour after the meeting with the celebrant? DB has POA for the executor.

OP posts:
Topseyt · 28/01/2022 14:28

Was the will set up by a solicitor? If so, and if you know who they are then ask them what happens here.

Whatever happens, the estate must be distributed as per the wishes of the deceased person.

mixum · 28/01/2022 14:44

This might help.

mentalcapacityassess.co.uk/mental-capacity-to-act-as-executor-of-will/

If the executor is unable to act, application can be made to the Probate Office to replace him/her. A mental capacity assessment seems to be required for this.

A consultation with a solicitor would obviously be advisable.

countrygirl99 · 28/01/2022 15:21

We believe the distribution is straightforward to the deceased spouse who is the executor with dementia. Who, like many with alzheimer's, doesn't believe there is anything wrong despite trying to engage different funeral directors because they forget the funeral is spread organised despite having been at every meeting and decision point. I think it's going to be a rocky road.

OP posts:
countrygirl99 · 28/01/2022 15:22
  • already not "spread" organised
OP posts:
Knotaknitter · 28/01/2022 19:40

It's form PA14 if the executor is lacking the capacity to carry out their role (that one needs a medical professional to say that they aren't capable of making the decisions required), PA15 if they could do it but don't want to.

countrygirl99 · 29/01/2022 05:37

Thanks Knot. It's another hassle in the general nightmare at the moment. DB has an appointment with the solicitor next week. In the meantime we have realised we will need to take photos at the funeral to show mum that it happened and she was there. She seems to be stuck on day 1 with everyone to tell and everything to arrange.

OP posts:
Knotaknitter · 29/01/2022 08:51

It's because she can remember that dad has died, she knows there are things to be done but as she can't remember doing them then they clearly haven't happened yet. Mum thought that if she just tried harder she would be able to remember but it doesn't work that way.

You might ask the funeral director if video recording is still happening, at the last funeral I went to you could buy a video.

Chocolateis1ofyour5aday · 30/01/2022 17:52

I asked DM to complete PA15 (as she could still sign at that point) and submitted it to the solicitor. As I was joint executor then I could take over and organise all the various paperwork with the solicitor. You can't nominate yourself if you aren't listed as an additional executor though. I dont think POA for your mum would cover this. You should check with your solicitor.

Mum5net · 30/01/2022 22:17

*Countygirl’ maybe delegate the photo duties at funeral to a good friend or kind neighbour. Best also that you are your DB are in a few photos so she sees you are not making it up.
My DM was under section in mhu with a broken wrist when my DF passed in same hospital and we didn’t have POA. It just goes on and on and I truly feel for you.
Really difficult time.

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