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ARTICLE · 08 MARCH 2019

Looking After Those Who Look After P

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The Court of Protection is the specialist court that looks after the affairs (both health and financial) of those who cannot manage them themselves, referred to as ‘P'.

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The Court of Protection is the specialist court that looks after the affairs (both health and financial) of those who cannot manage them themselves, referred to as 'P'. One of the powers regularly exercised by the Court of Protection is authorising the execution of a will (called a 'statutory will') either to replace an existing will or to put a will in place for the first time.

The Court of Protection does not however have unlimited powers and it is not able to authorise the execution of a statutory will for a child, ie someone under the age of 18. This, in all likelihood unusual, problem was explored in the recent case of LCN v CJF and Others.

CJF's story

CJF was born on 2 October 2005. Complications at the time of CJF's birth meant that he suffered severe neurological disabilities. He needed 24 hour support for all aspects of his care.

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