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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Claimant is aged and according to her doctor has mild memory

Resolved Question:

Claimant is aged and according to her doctor has mild memory impairment but nothing that would prevent her from attending court to answer questions. Is it possible for me to become a Litigation Friend in order to support the Claimant if required without the Claimant being declared medically unfit?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello and thanks for asking for me.
The Rules state a Litigation Friend to be appointed where:
(2) In this Part –
(a) ‘the 2005 Act’ means the Mental Capacity Act 2005;
(b) ‘child’ means a person under 18;
(c) ‘lacks capacity’ means lacks capacity within the meaning of the 2005 Act;
(d) ‘protected party’ means a party, or an intended party, who lacks capacity to conduct the proceedings;
(e) ‘protected beneficiary’ means a protected party who lacks capacity to manage and control any money recovered by him or on his behalf or for his benefit in the proceedings.
There if the person does not fall under this then you can't become a Litigation Friend. You can support your friend as a McKenzie friend but not as a litigation friend.
Can I clarify anything for you?
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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