The following Family practice note provides comprehensive and up to date legal information covering:
This Practice Note deals with the requirements under the Mental Capacity Act 2005 (MCA 2005) and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 15 and FPR 2010, PD 15A, as to the appointment of a litigation friend in relation to a protected party in family proceedings. It also details who may be a litigation friend and their duties, the procedure for appointing a litigation friend and when the appointment of a litigation friend may be ended. For practical guidance on issues of capacity and how it may be assessed, see Practice Note: Capacity to litigate—family proceedings. Regarding the appointment of the Official Solicitor as a litigation friend, see Practice Note: The Official Solicitor—family proceedings.
Unless the court has already appointed a person to be a litigation friend, a person with authority as a deputy to conduct proceedings in the name of a protected party, or on that party’s behalf, is entitled to be the litigation friend of the protected party in any proceedings to which that person’s authority extends. A deputy has the meaning given in MCA 2005, s 16(2)(b), ie a person appointed by the Court of Protection to make decisions on behalf of a person who lacks capacity in relation to their personal welfare or property and affairs. See also: Deputies—Appointment, duties and powers—overview.
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