§ Lord Hyltonasked Her Majesty's Government:
Whether a guardian ad litem can be appointed for a person aged over 18; if so, whether this is possible in cases where no legal action is pending; and 95WA whether they consider that the roles of trustees and guardians are sufficient for the protection of persons lacking full mental capacity. [HL2496]
§ The Parliamentary Secretary, Lord Chancellor's Department (Baroness Scotland of Asthal)A guardian ad litem (or next friend or litigation friend) can be appointed for any adult under mental incapacity in any civil or family proceedings in the High Court or county courts and in proceedings in the Court of Protection. Protection outside the context of court proceedings is afforded by a variety of mechanisms, including the power of the Court of Protection to appoint a receiver.
My noble and learned friend the Lord Chancellor has made some proposals for changes in the law in this area, outlined in the policy document Making Decisions in 1999. Officials are currently working on a draft Bill, which will be introduced when there is parliamentary time.