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Elderly parents

Dad is executor of will, but has dementia.

2 replies

Probateprobs · 18/07/2024 18:24

I posted this in legal too, but maybe someone here has experience of this situation. Thanks in advance.

My aunt has died and left a will naming both my parents as executors. My mother is able to do this but my father cannot due to dementia. Both mum and I have financial POA for dad. The probate office say we must submit a capacity assessment form despite having POA but dad's GP will not sign it (practice policy apparently). How can we proceed with the application? Dad is pretty much unable to communicate and would not even be able to sign the forms so there is no question of him being able to act as executor.

OP posts:
CharityShopper · 18/07/2024 22:07

This happened with my DF. The remaining executor applies through the court for power to be reserved for the incapacitated executor. It's not too difficult to sort out at all. 👍🏼

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