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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.