Melissa Lesson, Partner in the Family team, and Molly Hunter, Associate in the Private Wealth Disputes team, wrote an article on the role of litigation friends for the Private Client Section of The Law Society.
The piece discusses the role of litigation friends in cases where a client has capacity issues, including fluctuating capacity.
Melissa and Molly wrote: "The presumption of mental capacity is an overarching principal of the Mental Capacity Act 2005 (MCA). However, where capacity is an issue and cannot be presumed, whether someone has the requisite level of capacity should be determined in respect of each decision at the “material time".
You can read the full article here.