Will of relative who has lost mental capacity

[jd0963]

Hi, hopefully someone can help me with this.

My Grandma has recently gone into a care home due to her no longer being able to look after herself. In 2015 my brother who was looking after her stole 20k from her bank. This was covered by the local press who named and shamed him and quoted my grandma as saying she will have to remove him from the will for stealing from her. She has never got around to doing this and my brother looks set to still receive a large amount from her.

Is there anything I can do to prevent this? She is not able to make decisions for herself anymore so she hasn't been able to make the change to her will despite her saying she wants him removed.

I'd appreciate any advice
Thanks

[des8]

If someone lacks capacity application can be made to the court of protection for a statutory will made by the court on their behalf, or a codicil to an existing will..
If no one holds an LPA for your grandmother, the court will appoint a deputy to make the application.

Tagging Peridot for you, as i'm sure she will know more about the process

[Legal Steve]

Hi, hopefully someone can help me with this.

My Grandma has recently gone into a care home due to her no longer being able to look after herself. In 2015 my brother who was looking after her stole 20k from her bank. This was covered by the local press who named and shamed him and quoted my grandma as saying she will have to remove him from the will for stealing from her. She has never got around to doing this and my brother looks set to still receive a large amount from her.

Is there anything I can do to prevent this? She is not able to make decisions for herself anymore so she hasn't been able to make the change to her will despite her saying she wants him removed.

I'd appreciate any advice
Thanks

It will depend on her mental capacity - if capable of understanding what is required - if not then other ways to deal with situation - let me know

[2222]

Is it possible that grandma relented and deliberately chose not to alter her will? if so, that was her choice to make, regardless of what you think about it.