The following Private Client Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
This Q&A relates to the powers accruing to deputies to engage in litigation on behalf of a patient (referred to as 'P' for the remainder of this answer) without being appointed a litigation friend.
A deputy is a person appointed by the Court of Protection to enable that person to make certain decisions for someone else who lacks capacity. There are two types of deputy; a property and financial affairs deputy, who is able to make decisions on behalf of P relating to their assets and money, and a personal welfare deputy, who is able to make decisions about matters including medical treatment. Upon a grant, the Order of the Court of Protection will ordinarily specify the powers that can be exercised by the deputy, which may specifically allow the managing of court proceedings. Section 18 of the Mental Capacity Act 2005 (MCA 2005) makes clear that the powers in respect of prope
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