Appetite for instruction

Roman Kubiak and Eleanor Goodridge discuss the need for England and Wales deputies to seek authority before litigating on behalf of a vulnerable person

Key points

What is the issue?

What authority do property and financial affairs deputies have to take legal advice and conduct litigation on behalf of ‘P’, a vulnerable or incapacitated person, and to what extent might that include instructing a deputy’s own firm?

What does it mean for me?

Where it may be necessary to conduct litigation on behalf of P, seek specific authority from the England and Wales Court of Protection, which may include authority to instruct a particular firm.

What can I take away?

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