996. Appointment otherwise than by court order.

A deputy appointed by the Court of Protection1 under the Mental Capacity Act 2005 with power to conduct legal proceedings on the protection party's2 behalf is entitled to be the litigation friend3 of the protected party in any proceedings to which his power extends4. If nobody has been appointed by the court or, in the case of a protected party, is so authorised as a deputy, a person may act as a litigation friend if he: (1) can fairly and competently conduct proceedings on behalf of the protected party; (2) has no interest adverse to that of the protected