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.