How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

I am applying to become a Litigation Friend, to whom do I serve

Resolved Question:

I am applying to become a Litigation Friend, to whom do I serve the form. N235 states…..
for a protected party, you must serve a copy of the completed form on one of the following persons with authority in relation to the protected party as: (1) the attorney under a registered enduring power of attorney (2) the donee of the lasting power of attorney; (3) the deputy appointed by the Court of Protection; or if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.
My wife is acting POA for the Claimant, do I serve the solicitor involved in drawing up the POA a copy of the N235? Or do I serve the N235 to the Care Home manager where the Claimant lives?
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I clarify if the power of attorney your wife holds is an LPA or an EPA (the older style granted before 2007) and whether the power is registered with the OPG please?
Customer: replied 1 year ago.

LPA 12 April 2013. Registered with OPG

Expert:  Joshua replied 1 year ago.
Many thanks. In that case the attorney(s) under the registered LPA is the appropriate person on whom to serve notice of the application which from what you say here is your wife. There is no need to serve a copy of the notice of any third party other than your wife if there are no other joint attorneys appointed. There is no need to serve a copy on the solicitor that prepared the power of attorney. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 1 year ago.

Just to clarify. So I don't need to serve a copy to anyone. But I presume I just need to explain in a cover letter the situation regarding my Wife being the acting LPOA. The Court already has a copy on file.

Pete

Expert:  Joshua replied 1 year ago.
Just to be clear you do need to serve a completed copy of your application form on your wife as attorney. It is not necessary to serve a copy on anyone else though. You will need to complete a certificate of service (N215) and give this to the court along with your application form in order to confirm you served a copy of the form on your wife. I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 1 year ago.

Thanks, ***** ***** where it says....

Give the address where service effected, include fax or DX number, e-mail address or other electronic identification

My wife is none of the categories given, Claimant, Defendant, Solicitor, Litigation Friend?

How do I complete the form?

Expert:  Joshua replied 1 year ago.
I assume you are referring to N215 at this point?
Customer: replied 1 year ago.

Sorry, yes.

Thinking about it do I...... tick Claimant's and then tick OTHER and explain in the box that it is the claimant's POA's address?

Expert:  Joshua replied 1 year ago.
Thanks. I am guessing you will personally hand it to your wife so you can tick that box and specify the time and name your wife as attorney to the claimant. At the bottom you would sign as claimant's friend and include your name etc. Have I been able to help you with all your questions on the above?
Customer: replied 1 year ago.

OK its the bit on N215 right hand side of form directly under...

Give the address where service effected, include fax or DX number, e-mail address or other electronic identification.

Being the .....

My wife is none of the categories given, Claimant, Defendant, Solicitor, Litigation Friend?

Thinking of ticking CLAIMANT's and then directly under this writing Power of Attorney and then ticking Usual Residence.

Will that work?

Expert:  Joshua replied 1 year ago.
Here you would tich "claimants" and underneath just neatly write "attorney's". Essentially as you suggest. Is there anything else I can help you with?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions