What happens when an adult has lost capacity to act or make decisions for themselves and they have a Will that does not reflect their current situation?
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Latest articles from Lindsay MacEwen
Dealing with the affairs of someone who has lost capacity can be difficult, particularly if they have not made a Will or other arrangements. It requires careful planning, as well as guidance on the options available and advice on the procedures that are in place.
A recent English court case considered some of the common issues which occur both north and south of the Border when challenging the validity of a Will. The case in question was ultimately unsuccessful, which reflects the difficulty involved in overturning an otherwise valid Will.
After a three-year legal fight, widow and mother of one, Rachel Thompson, finally obtained a court order requiring Apple to allow her to access thousands of photos and videos on her deceased husband's mobile phone; many of which featured the deceased and his young daughter in images of cherished family memories.
Recently published guidance aimed at family and friends of loved ones who are unable to express their wishes regarding the decision to provide clinically-assisted nutrition and hydration in the context of end of life care highlights the potential role of the person's views posted on social media.