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Answer :
The Court must order an examination of the defendant to determine if they are an incapacitated person if they believe they may be.
An examination is an assessment of the person's physical and mental abilities and an assessment of their financial affairs. This includes but is not limited to an evaluation by a doctor and/or a social worker.
This is required by the Court Procedures and Litigants in Person (CPL) which is an Act of Parliament that governs the procedural law in civil courts in England and Wales.
The purpose of the examination is to determine the defendant’s capacity and to protect the interests of those who may be affected by the defendant’s incapacitation, such as dependants and creditors.
The examination should include medical information, a report of the defendant's assets, liabilities and financial affairs, and any other relevant information. The results of the examination should be reported to the court so that it can make an appropriate order concerning the defendant's legal capacity.
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