Can someone with dementia make a Will?

'Can my sister still make a Will, even though she’s been diagnosed with vascular dementia?'

Your sister's dementia diagnosis does not automatically mean that she cannot make a Will to say who her money and possessions should go to after she dies.

Instead, it depends on whether she is able to understand and make decisions about the Will.

Capacity

Writing a Will can be a complex process. For anyone to make a Will, you must have 'testamentary capacity'. This legal term means there are specific things that you must be able to understand:

• What making a Will means and the effect that it will have.
• What you own and how this might change, including what you may owe or be owed in future.
• Who might expect to be named in your Will, and why you are choosing to either leave or not leave things to them.

If a person has dementia, then for their Will to be valid, their dementia must not affect their ability to make decisions about the Will.

Golden rule

As long as your sister understands what she is doing and can make these decisions, then she can make a Will. However anyone's Will can be disputed later on, and there are things she can do to avoid future complications or doubts.

The courts have a 'golden rule' that, if someone has dementia or another condition that might affect their decision-making, then it is advisable to get capacity assessment. This can act as evidence to say someone is, at the time of writing their Will, able to make their own decisions.

Although not compulsory, it is a good idea for your sister to get this assessment. Solicitors usually ask for a capacity assessment when a person with a dementia diagnosis makes a Will.

What is a capacity assessment?

A capacity assessment helps determine whether a person living with dementia can understand, retain, and weigh the information needed to make and communicate important decisions.

Often, those closest to the person affect by dementia — such as family members or carers —will initially assess capacity for everyday decisions. However, assessment for more complex decisions, such as writing a Will, may require input from healthcare professionals, like a GP. 

You may also be interested in: Do you need to involve your doctor when making a Will after a dementia diagnosis?

It's important to note that if you do need to consult a professional for a capacity assessment, they may charge a fee. Make sure to discuss any associated costs with them beforehand. 

Other planning

Writing a Will is a good opportunity for your sister to consider other legal steps to help plan for the future.

This could include setting up power of attorney for someone to make decisions on her behalf if needed, or an advance decision about her future care and treatment.

Next steps

• Read more articles from Dementia together magazine.