Few of us could have missed the news last month that actor Bruce Willis had finally decided to leave the Hollywood spotlight.
When it became known that the actor of The Sixth Sense and Die Hard was retiring due to aphasia, the condition was brought into the public eye. In a press release, the condition was described as a language disorder to the general public. It is, however, much more than that.
Aphasia is a neurological condition that is typically linked to people who have had a stroke or a brain injury. When that person tries to communicate with friends and family, it might become problematic for them. The ability to make decisions may also be impacted. Does this imply that someone with aphasia is still capable of drafting a Will on their own behalf? Or would obtaining a Lasting Power of Attorney (LPA) better serve their interests?
Explaining aphasia
Depending on the type of aphasia in question. Because the condition can take many different forms. Aphasia is referred to as “acquired aphasia” if, for instance, it arises as a result of a stroke. Although this interferes with communication, it doesn’t necessarily affect other brain functions, like decision-making (and which is important when it comes to having the capacity to make a will). Memory may be impacted by Primary Progressive Aphasia (PPA), a form of dementia. Doctors think Bruce Willis may have developed this latter form of the illness. Capacity may be impacted by this.
Lasting Power of Attorney (LPA): What is it?
The decision to execute a Lasting Power of Attorney for Willis may then be more appropriate. In this situation, a person can name one (or more) people to make decisions on their behalf regarding their financial, medical, and other matters. The reason for this is that they are no longer able to decide for themselves.
In legal jargon, “capacity” is a big word. The phrase “knowledge and decision-making ability” is defined using it.
In the case of an LPA, the individual (donor) must be able to comprehend what they are signing. Because they are essentially signing away their rights to control their own financial decisions. The donor’s financial and medical affairs can instead be decided by the individuals appointed (attorneys). This is only true if the donor has completely lost their ability to make decisions for themselves; otherwise, they can still do so.
What steps go into creating a will?
A person must demonstrate their capacity to make a will before sitting down to do so. This entails being aware of what they are doing and how it will impact their friends or family. Additionally, they must be able to calculate the value of their estate and the gifts they are making.
If the person is incapable of comprehending any of this, their attorney will need to ask the court to create a statutory Will on their behalf. Applying to the Court of Protection will accomplish this.
What happens, though, if the person is capable but has trouble speaking? A speech and language therapist can be extremely helpful in these situations. He or she can assist the person in comprehending what is being said and what that person desires to occur regarding their assets. Pictures, symbols, and nonverbal behaviour can also be used to communicate instead of words.
Send Probate-A-Will a message
Nobody knows what their future holds, and Bruce Willis, at least until recently, had no idea (there are reports that the actor had been experiencing confusion on set for some time, as long as two years). Willis’s condition serves as a timely reminder that it can be best to draught a will while you still have the mental capacity and are physically healthy enough to do so.
Contact a member of the team at Probate-A-Will to learn more about creating a will or apply online for a lasting power of attorney.
