Loss of Capacity Will

[Blue123]

A trusted family member abused the bank account of her elderly relative that has dementia, the relative is now in a nursing home and her bank account is also safe! The police are investigating fthe family member for fraud - Is it possible to have this family member removed from the Will as she is down as a beneficiary and has already had more than what she would've inherited - can a Will be revised and how?

[PallasAthena]

I am not aware of any legal mechanism to do this. Only the testator can remove a beneficiary by changing their Will but this appears not to be possible in this case as the testator no longer has the necessary mental capacity to make such a change.

Presumably someone has Power of Attorney to handle the testator's financial affairs. I doubt that would enable them, as Attorney, to make a new Will for the testator but a call to the Office of the Public Guardian [OPG] helpline could confirm that.

There may be other ways to approach this so see what others here suggest.

If fraud were proven while the testator is still alive is there any likelihood the person could be ordered to repay the money taken?

[atticus]

This person cannot be "removed" as beneficiary, but can be made to account to the estate for all the money taken. This can be set off against entitlements under the Will. Has the OPG been told of the financial abuse?

Once a person has lost testamentary capacity, it is too late for that person to make or change their Will.

[Blue123]

YES OPG are aware - it appears the CPS are only charging her with cash withdrawn after she became PoA ( now revoked) yet she took large amounts before - and continued to use the bank card for her personal shopping and bills