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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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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: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years 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 2 years ago.

LPA 12 April 2013. Registered with OPG

Expert:  Joshua replied 2 years 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 2 years 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 2 years 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 2 years 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 2 years ago.
I assume you are referring to N215 at this point?
Customer: replied 2 years 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 2 years 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 2 years 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 2 years 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?
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