Litigation Guardian for Mental Incapacity (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-10-04
CLNP Page ID:	2420
Page Categories:	[Hearing Process (LTB)], [Care Homes (LTB)], [Substitute Decision Makers]
Citation:	Litigation Guardian for Mental Incapacity (LTB), CLNP 2420, <https://rvt.link/de>, retrieved on 2024-10-04
Editor:	Sharvey
Last Updated:	2024/10/02

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Landlord and Tenant Board Rules

A10.2 Persons are presumed to have the mental capacity to manage and conduct their case and to appoint and instruct a representative.

A10.4 A litigation guardian for a person who lacks mental capacity to participate in the tribunal proceeding must file a signed declaration in the form designated by the tribunal, confirming:

a. the litigation guardian's consent to serve in this role;

b. the nature of the litigation guardian's relationship to the person represented;

c. reasons for believing that the person is not mentally capable of participating in the proceeding;

d. the nature and extent of the disability causing the mental incapacity;

e. that no other person has authority to be the person's litigation guardian in the proceeding;

f. that any person who holds power of attorney or guardianship for the person for other matters has been provided with a copy of the materials in the proceeding and a copy of the SJTO practice direction on litigation guardians;

g. that the litigation guardian has no interest that conflicts with the interests of the person represented;

h. an undertaking to act in accordance with the responsibilities of a litigation guardian as set out in Rule A10.8; and

i. that the litigation guardian is at least 18 years of age and understands the nature of the proceeding.