Litigation Guardian for Mental Incapacity (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
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 2024-11-23
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.

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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.

A10.5 Upon the filing of a complete declaration as required by this Rule and unless refused or removed by the Tribunal, the person may act as litigation guardian for the party.

A10.6 The Tribunal will review the declaration and may direct submissions by the parties on whether the litigation guardian should be refused pursuant to Rule A10.7.

A10.7 Upon review of the declaration, or at any later time in the proceeding, the Tribunal may refuse or remove a litigation guardian on its own initiative or at the request of any person because:

a. the litigation guardian has an interest that conflicts with the interests of the person represented;

b. the appointment conflicts with the substitute decision making authority of another person;

c. the person has capacity to conduct or continue the proceeding;

d. the litigation guardian is unable or unwilling to continue in this role;

e. a more appropriate person seeks to be litigation guardian; or

f. no litigation guardian is needed to conduct the proceeding.