Legal Aid and the Assisted Decision Making (Capacity) Act

Legal Aid and the Assisted Decision Making (Capacity) Act

Eligibility for Legal Aid

  • If the Applicant in the proceedings is not the Relevant Person (or a Ward if Part 6 discharge application) it is the applicant’s own means which are assessed for eligibility to access legal aid.  It is not the means of the Relevant Person that is assessed.
     
  • If the Applicant in the proceedings is the Relevant Person (or a Ward if Part 6 discharge application) they do not need to be assessed to be eligible to access legal aid. The Relevant Person will still be financially assessed for the purposes of determining whether or not the Board can recover any costs contributed by way of legal aid  (see s52(e) ADMC Act).
     

Legal Aid Board

Further information on Legal Aid can be found on the Legal Aid Board website,
follow the link to their page on Assisted Decision Making and Discharge from Wardship.

 

Legal aid logo linking to their home page