CHAPTER 6
Funding and representation
6.5Being a litigant in person 6.24Legal aid in the Court of Protection 6.26Legal Aid, Sentencing and Punishment of Offenders Act 2012 6.32The different levels of legal aid 6.39The inherent jurisdiction 6.40Breaches of ECHR rights by a public authority The merits test for Legal Help • The merits test for Help at Court • The merits test for Legal Representation
6.59The Lord Chancellor’s Guidance 6.61Financial eligibility (means test) 6.71Evidence of financial eligibility 6.1This chapter looks at sources of advice, funding and representation to parties in the Court of Protection.
6.2It will provide an overview of the sources of support available in the absence of formal legal representation. It then considers the sources of legal advice and how these can be funded.
6.3It will then provide an explanation of the legal aid scheme as it applies in the Court of Protection. The aim of this section is to assist both practitioners and their clients in navigating the scheme and in understanding the impact of the relevant legislation and guidance.
6.4Issues concerning the representation of P and other protected parties are considered in detail in chapter 11.