The Court of Protection has the power under MCA 2005, s. 18 to make a will on behalf of a person who lacks capacity to do so29 The execution of a will on behalf of a person who lacked mental capacity is a decision which must be made by the Court of Protection; it cannot be entrusted to a deputy30. A deputy is a person who may be appointed to make decisions on behalf of a person who lacks mental capacity. Similarly, an attorney under a lasting power of attorney cannot make a will on behalf of an individual because a will is a personal act and is not an act which can be done by an agent or attorney acting on a person’s behalf.

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