Alex Procope successfully argues for patient’s right to effective counsel at the Consent and Capacity Board

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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