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The court can appoint anyone to be a litigation friend, for example:

• a parent or guardian
• a family member or friend
• a solicitor
• a professional advocate, such as an Independent Mental Capacity Advocate (IMCA)
• a Court of Protection deputy
• someone who has a lasting or enduring power of attorney

Suitability

The court will check you鈥檙e suitable by making sure:

• your interests do not conflict with theirs
• you can make decisions about the case in a fair and competent way

You must fill in a certificate of suitability if you鈥檙e applying be someone鈥檚 litigation friend.

If there鈥檚 no one suitable to be litigation friend

The Official Solicitor will act as a litigation friend if:

• nobody else is suitable and willing to be litigation friend
• there鈥檚 money available to pay the Official Solicitor鈥檚 costs, for example legal aid
• the person鈥檚 doctor or another medical professional, for example their psychiatrist, confirms they lack capacity to manage the case (unless they鈥檙e a child)

The court will appoint the Official Solicitor - if he agrees - at the relevant time.

Contact the relevant section of the Official Solicitor鈥檚 office if you have a query about his involvement in a case.