Help! My dad who has dementia wants to leave his house just to me after my sister financially 乱用d him - can he still 削減（する） her out of the will?

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I have just been 認めるd 継続している 力／強力にする of 弁護士／代理人／検事 for 所有物／資産／財産 and 財政上の 事件／事情／状勢s for my dad.

He is in a care home as he has vascular dementia. I may need to sell his house ーするために 支払う／賃金 for his care when his 貯金 run out.

He made a will which 明言する／公表するs that, when he dies, the house will be sold and the proceeds 分裂（する） between my sister and myself.

However, she is not 伴う／関わるd in his life at all after a 抱擁する family 不一致 and she was financially 乱用ing him.

相続物件: My dad who has dementia wants to leave his house just to me after my sister financially 乱用d him (在庫／株 image)

What happens about her sha re of the house sale when he dies?

He has talked about changing his will so that all the money from the house sale comes to me.

Is it too late to for him to change his will, as he still has mental capacity enough to know what he is 調印? Or when the house is sold do I make sure my sister's 株 is put into a 貯金 account?

Tanya Jefferies, of This is Money, replies: I am sorry to hear your father is so ill and about the shocking behaviour of your sister に向かって him when he is at this 攻撃を受けやすい time in his life.

Although you and your family are 取引，協定ing with the painful fallout from that, it sounds like you are in a stronger position to help your father now you have 力／強力にする of 弁護士／代理人／検事, and can make 決定／判定勝ち（する）s about selling his house.?

Hopefully you can still do this with his help if there are times when he is 井戸／弁護士席 enough to discuss it.

We asked a lawyer to explain your 選択s, and how someone with dementia might change a will in a way that 確実にするs their 現在の wishes are followed and it is not 論争d later.

Jaz Virk:? In 状況／情勢s where someone is 潜在的に 存在 disinherited, you are likely to want an 独立した・無所属 party like a lawyer 伴う／関わるd

Jaz Virk, 長，率いる of 私的な （弁護士の）依頼人 at Brindley, 新たな展開, Tafft & James, replies: A '継続している 力／強力にする of 弁護士／代理人／検事' means that you have been given the 責任／義務 to manage your father's 財政上の and 所有物／資産／財産 事件／事情／状勢s on his に代わって.

If his capacity to do this himself fluctuates then he should still be 伴う／関わるd in any 決定／判定勝ち（する）s to the extent that he is able.

Given the 増加するing costs of care homes it is very ありふれた to sell a parent's former 所有物／資産／財産 to 会合，会う them.

However, 事前の to selling any 所有物／資産／財産 it is recommended you get 財政上の advice to 調査する the 選択s 利用できる to you as his 弁護士／代理人／検事.

If the house is sold in your father's lifetime to 基金 care 料金s, you and your sister - 供給するd she is still 指名するd in the will as it stands when he dies - will 簡単に be する権利を与えるd to receive equal 株 of whatever is left, 供給するing you are the 受益者s of the residuary 広い地所.

The residue of an 広い地所 means after 税金 and all other 義務／負債s have been paid, and 遺産／遺物s like cash and other gifts 分配するd.

If there are no 基金s left, then neither you nor your sister will 利益.?

Can your father change his will?

If your father has made a wi ll in which he has 明言する／公表するd that, upon his death, he wishes for the house to be sold and the proceeds to be 分裂（する） between you and your sister, then any 基金s from the sale of the 所有物／資産／財産 will be 分配するd to you and your sister by the executors (who may 含む you and/or your sister).

It is 価値（がある） checking that you and your sister are also 受益者s of the residuary 広い地所, in 事例／患者 the 所有物／資産／財産 is sold in your father's lifetime.

Unfortunately, irrespective of your sister's behaviour, the will your father made still stands.

That said, it is important that 記録，記録的な／記録するs are kept about the 不一致, 特に any proof of the 財政上の 乱用.

Your father is fully する権利を与えるd to change his will, although you must be sure that the 文書 is drawn up and 遂行する／発効させるd 正確に, and that the 初めの is 安全に 保持するd for 言及／関連 upon your father's death.

Although someone with dementia can change their will, your father will need to show that he has the requisite 'testamentary capacity', which means the understanding needed to make a valid will.?

How should your father change his will, if he wishes to?

A 合法的な professional should be 教えるd to 草案 the new will to 確実にする that your father has the capacity to do so, and that there has not been any undue 影響（力） over his 決定／判定勝ち（する）s.

A solicitor will 補助装置 with this 過程, and in 状況／情勢s where someone is 潜在的に 存在 disinherited, you are likely to want an 独立した・無所属 party 伴う／関わるd.

Usually, the 過程 will entail an 初期の visit from the solicitor to your father to take 指示／教授／教育s, and, given your father's diagnosis of vascular dementia, a solicitor is likely to want a specialist 伴う／関わるd to 査定する／（税金などを）課す and 立証する his capacity.

This is also likely to 証明する useful in 事例／患者 your sister tries to challenge the will, on the grounds of incapacity, after your father has died.

It is not やむを得ず enough for your father to know what he is 調印.

Under the Mental Capacity 行為／法令／行動する 2005, your father needs to 論証する that he understands the 影響 of making a will, the extent and value of his 広い地所 and, very importantly, he should have the ability to distinguish between those who may have a （人命などを）奪う，主張する on the 広い地所 and to reach some 肉親，親類d of moral 裁判／判断 in relation to them.

If your father is unable to 論証する he has testamentary capacity, he will not be able to change his will himself.?

What if your father does not have capacity to change his will?

There is 潜在的に 範囲 for you, as the 支えるもの／所有者 of 力／強力にする of 弁護士／代理人／検事 for your father, to 適用する to the 法廷，裁判所 of 保護 for a 'statutory will'.

The 法廷，裁判所 of 保護 is a specialist 法廷，裁判所 that helps those who do not have the capacity to manage their own 事件／事情／状勢s.

The 法廷，裁判所 will 要求する 医療の 証拠 of your father's incapacity, 詳細（に述べる）s of his family, his 資産s and the 提案するd new will.

Your sister, as someone who would 潜在的に be disinherited by the statutory will, would be joined as a party to the 訴訟／進行s.

If she is not agreeable to the 提案するd statutory will, then the 過程 is far いっそう少なく straightforward and a 法廷，裁判所 審理，公聴会 may be 要求するd in 新規加入 to the paper 使用／適用.

In these circumstances an '公式の／役人 solicitor' would be 任命するd to 代表する your father's 利益／興味s, and the 法廷，裁判所 will need to be 満足させるd that the 準備／条項s of the 提案するd statutory will are in your father's best 利益／興味s in order for it to be 認めるd and to 取って代わる the 存在するing will.

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