The first step in dealing with a person may lack capacity is to ask the GP or other medical practitioner treating them to complete a Certificate of Capacity.

I attach a copy of the Standard Certificate Produced by the Official Solicitor's Office.

 Certificate as to Capacity to Conduct Proceedings.doc

This Certificate has accompanying guidance for the practitioner. However it is also highly advisable to send the doctor a detailed letter setting out your concerns about the client's mental health. This has to be handled with some sensitivity as most clients do not like to be referred to as having mental health problems. However I have tended to find that once they have been persuaded that nobody is suggesting that they are insane and that making the Court aware of their health problems may save them from being evicted they will not object to the issue being raised.

It should be rememebered that whilst medical evidence is extremely important it is not absolutely essential. If a solicitor is unable to obtain medical evidence it may still be worth preparing a detailed letter inviting the Official Solicitor to act and explaining the lack of medical evidence.