Unfortunately sometimes, disputes arise in respect of a person who has lost capacity which relate to issues surrounding their health and welfare, such as where they might live or around medical treatment. This type of dispute usually has to be resolved by the Court of Protection and this is something that our specialist team can help you with.
Sometimes when a person who lacks capacity either hasn’t made a Will, or needs to make changes to a Will, it is possible to apply to the Court of Protection to ask the court to authorise a will being made, or changes to an existing Will being made.
When a person does not have capacity to make a Will (because they do not understand what a Will is, what the effects of making it would be and cannot appreciate the assets that they have which make up their estate) then they cannot make a valid Will.
The court can however direct that a Will is made on their behalf, or that changes to an existing Will are made.
This can be helpful if a person has not taken the opportunity of making a Will themselves and where the intestacy provisions might cause an issue.
There are many situations where a statutory Will might be the solution to a problem and we can identify when that might be the case and when it might be worth making an application.
If you would like to find out more about Court of Protection applications, please speak to a member of our team.