Q&As

Can I make a Will for an elderly client in my capacity as his Court of Protection Deputy for property and financial affairs?

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Published on LexisPSL on 26/11/2013

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can I make a Will for an elderly client in my capacity as his Court of Protection Deputy for property and financial affairs?
  • I have recently been appointed as Court of Protection Deputy for property and financial affairs for an elderly client and have discovered that he does not have a Will. Can I make a Will for him in my capacity as his deputy?

I have recently been appointed as Court of Protection Deputy for property and financial affairs for an elderly client and have discovered that he does not have a Will. Can I make a Will for him in my capacity as his deputy?

Your powers over your client’s property and affairs in your capacity as his Court of Protection Deputy do not extend to making a Will for him. You will need to make an application to the Court of Protection to request a court order authorising you t

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