Supporting Wishes, Not Just Decisions: Capacity, Dementia, and Making a Will
Being diagnosed with dementia can feel overwhelming. For many people, one of the biggest worries is whether they will still be able to make important decisions about their future - especially decisions that reflect their values, family relationships, and wishes after they pass away.
At Sky Social Work, we regularly support people and families at this point, helping to clarify what the Mental Capacity Act (2005) actually means in real life.
Dee’s Story
Dee (name changed) had recently been diagnosed with dementia. She and her family wanted to make sure her wishes were clearly recorded while she was still able to make decisions herself. One of Dee’s priorities was to create a Will that fairly reflected her values and her love for her family.
There was concern that, because of her diagnosis, her capacity to do this might be questioned in the future. To protect her rights and ensure her voice was heard, Sky Social Work was asked to complete a Mental Capacity Assessment about her ability to make a Will.
What Capacity Really Means
A diagnosis of dementia does not automatically mean someone lacks capacity. Capacity is decision‑specific and time‑specific. The question is not ‘Does this person have dementia?’ but ‘Can this person make this decision, at this time, with the right support?
Dee was supported to talk through:
What a Will is and when it takes effect
Why she wanted to make one now
Who mattered to her and why
What felt fair to her and what she hoped to avoid in the future
The assessment was unhurried, conversational, and took place in Dee’s own home - a familiar, comfortable environment where she could think and speak freely.
Hearing Dee’s Voice
Although Dee sometimes hesitated, forgot minor details, or looked to her husband out of habit, she was able to clearly explain her wishes once gently redirected to speak in her own words. She consistently returned to what mattered most to her: fairness, family harmony, and making things easier for her loved ones after her death.
Importantly, Dee was not being tested. She was being listened to.
The Outcome
Following the assessment, Sky Social Work was able to evidence that Dee had the capacity to make a Will. Her wishes and feelings were clearly recorded, providing reassurance to her and her family that her voice would be respected, now and in the future.
Why This Matters
Too often, people assume it’s “too late” once dementia is diagnosed. Dee’s story shows that this simply isn’t true. With the right support, many people are still able to make meaningful, legally significant decisions.
Mental Capacity Assessments are not about removing autonomy - they are about protecting it.
If you or someone you care for has received a diagnosis and is worried about future planning, Sky Social Work is here to help ensure that their wishes are heard, respected, and lawfully recorded.