Conducting Litigation on Behalf of an Incapacitous Client - The Options Available

Introduction

This new webinar will consider the options available when a client lacks capacity to conduct proceedings for him or herself. Such circumstances may include in relation to the Court of Protection, litigation or family proceedings.

This introductory level webinar is aimed at those who are inexperienced in dealing with issues of capacity.

It will cover the statutory framework under the Mental Capacity Act 2005 and accompanying Code of Practice, Court of Protection Rules 2017, Civil Procedure Rules, Practice Directions and case law.

In particular, the webinar will consider the judgment of Senior Judge Hilder in ACC & Ors (property and affairs deputy; recovering assets costs for legal proceedings) and how this affects practitioners appointed as deputy for their client and where they wish to instruct their own firm.

What You Will Learn

This webinar will cover the following:

• The professional obligations of legal practitioners in assessing their client’s capacity to give instructions
• Introduction to the Mental Capacity Act 2005 and the statutory principles
• Assessing capacity
• Authority of the Court of Protection
• The role of the Official Solicitor
• Litigation Friends

This webinar was recorded on 3rd August 2021