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Can I make a will on behalf of the person who has lost capacity?
1
No, you cannot - and it doesn’t alter even where you have been appointed as their Deputy, it is still not possible to do this automatically.
What you may do is apply to the Court of Protection for the right to make a ‘statutory will’. You prepare a written application and statement and what the Court of Protection has to decide is whether the will is appropriate. Part of the process means other people with ‘an interest’ can comment on what is proposed.
Frequently asked questions
- Can I make a will on behalf of the person who has lost capacity?
- Can the Court of Protection help where there is a large award of injury compensation?
- Can you help me apply to the Court of Protection so I can make decisions on behalf of the person who has lost capacity?
- I have been appointed to look after a relative’s finances as they have lost their mental capacity but I feel I need help
- I have not yet lost the ability to look after myself - what legal steps should I take now?
- Looking after someone’s affairs seems a great responsibility, are Deputies supervised?
- Someone who has now lost capacity has appointed me as Attorney; can you help me register it?
- What is the Court of Protection?
- Where someone loses the ability to make decisions can’t their partner automatically take charge?
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