Alex was successful in seeking the removal of counsel appointed for an incapable person in an end-of-life case at the Consent and Capacity Board. The lawyer, who was appointed for a non-communicating senior, had put forward a personal opinion on the issues in dispute. The Board agreed that it was inappropriate to take a position on the client’s behalf without instructions and that the lawyer had predetermined the exact matter that the Board was to decide. The Board removed the lawyer and appointed a new one. This case highlights the fine line between advancing a client’s interests and the client’s best interests.
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