Diagnosed with dementia? Arrange a lifetime will in good time

The Backer family is large. Grandma Cathrien and Grandpa Dirk are in their late seventies and recently married. They and the (grand)children from their respective families occasionally need the help of a notary. You can read about their recognisable situations here.

Diagnosed with dementia? Arrange a lifetime will in good time

‘I told you recently that Paul was so forgetful at bridge, didn't I?’ Cathrien asked her husband. ‘Well, it turns out he has dementia.’
‘Oh, how sad,’ Dirk replied.
‘Definitely. But the consequence is that his two children now act as if he can no longer do or understand anything at all. His wife has to talk herself blue in the face to make clear to them that it is early-stage dementia and that he is still legally competent.’

Power of attorney
Dirk decided to pay Paul a visit. He wanted to point out the importance of a lifetime will, and to have one drawn up now that Paul was still relatively healthy.
Dirk told them: ‘That will is meant for during your lifetime. The notary writes down your wishes. If you may later no longer be able to say clearly what you want – so no longer legally competent – your wishes are safely recorded. For example, what happens to your savings account or your house. You also state who is given a power of attorney, meaning permission to handle (financial) matters. That can be a partner, but also a child.’ Paul said the doctor had pointed this out to him as well.

Making expenditures
The couple then went to the notary together. He explained that for every deed he checks whether a client properly understands what they are saying and signing. If in doubt, the notary follows the ‘Legal competence’ step-by-step plan or asks for a doctor's statement.
But the notary also told them something important. Dirk: ‘Paul's wife thought their marriage in community of property automatically gave her the right to keep making expenditures. After all, they had had a joint account for years. It turns out that if your partner has dementia, then without a lifetime will you have to ask the subdistrict court judge for permission! Because it is partly that partner's money.’

Carte blanche
With a lifetime will, all of that can be avoided. You give ‘carte blanche’ for expenditures, and the arrangements of the person who is ill are properly recorded. ‘So it's important to draw up a lifetime will like that in good time,’ Cathrien concluded.