In order to make a Will a person needs to understand the implications of what they are doing. If you have a family member who is unable to make a Will, perhaps because of learning disabilities, mental illness or brain injury, you will undoubtedly be concerned as to what will happen to their assets if they were to die. In these circumstances you will need to consider whether it is appropriate for a statutory Will to be written on their behalf.
How do I make a statutory Will?
If someone has difficulties that mean they can’t make decisions, they will need help managing their finances. Making a LPA doesn’t mean that you have to give up control of your finances. You can choose whether your LPA can be used once it is made and registered or only in the event that you lose mental capacity to handle your affairs yourself.
Unless you’ve made a LPA, if you lose capacity and are unable to manage your finances someone will have to apply to the Court to be appointed to act on your behalf. This may not be the person you would choose and can be a long and expensive process.