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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Submission of N181 – applying to be a litigation friend. Claimant

Resolved Question:

Submission of N181 – applying to be a litigation friend.
Claimant is 99 years of age and fragile. My wife has POA and is looking after the claimant’s finances / welfare. The claimant is aware and in agreement with the need to pursue the claim. I am the claimant’s Grandson-in-law and I am the one who has been driving matters and have the background knowledge to be able to most effectively assist the claimant.
I will in submitting N181 explain the claimant’s circumstances and the fact that she will due to her frailty (unless directed to do so) not be attending court in person. My wife as POA will act on the claimant’s behalf, however given that my wife has not been involved I would like to request that I am made a Litigation Friend, which if successful I hope will allow me to speak on behalf of the claimant?
I assume that I can request that the court considers this?
Is there anything ‘special’ that I need to consider or present to the court in order to enable this?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Does she lack capacity ?
Customer:

Not sure, she is 99, frail and a little confused from time to time. Several months ago she was hospitalised (double bleed of the brain) and entered a state of prolonged unconsciousness. She has made a remarkable although not full recovery and her speech is now pretty good. She has just been discharged from hospital to a care home as she requires 24 hour attention. Do I approach her Doctor to obtain a statement regarding capacity?

Alex Watts :

Well - unless they lack capacity then you can't represent them

Alex Watts :

If they lack capacity a litigation friend can be appointed but you need a psychiarict report

Alex Watts :

But you can't just apply to be a litigation friend - they need to be a protected party.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

understood. I will look further into 'capacity'. My wife is acting as POA for her Grandmother, can she sign the Directions Questionnaire for the claimant and enclose a certified copy of the POA? The Grandmother's signature is not like her signature any more due to the strokes she suffered.

Alex Watts :

If she has a POA then she should be able to sign.

Alex Watts :

Does that assist?

Customer:

thank you

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