Guidelines
12. Terminating Legal Aid
12.8 Where a legally aided person suffers loss of capacity
12.8 Where a legally aided person suffers loss of capacity
In making a decision to terminate a grant of legal aid where a legally aided person has suffered loss of capacity, the determining officer should be satisfied that termination of the grant of aid is reasonable in the circumstances taking into consideration:
- the status of the proceedings
- whether the legally aided person is yet to give evidence and is a central witness in the matter
- advice from the lawyer/s who has conduct of the matter
- the likelihood and timeframe of the client's recovery, and
- whether to make a separate grant to a tutor or other appropriate and eligible party to enable the lawyer to finalise the matter or to advise the court.