The application shall be filed by the person to receive legal aid. If he or she cannot file the application, a representative can be entrusted to do so. But there are some exceptions:

(1) If the applicant is a minor or a mental patient who has completely lost the ability of recognizing or controlling his/her own conduct, his or her legal representative should file the application instead. However, if the application is for civil or administrative legal aid, the application should be filed by the representative without a personal interest in the current disputes.

(2) If the applicant has been limited personal freedom, the application for legal aid should be filed by his or her near relative instead or should be transferred the application for legal aid  by the people's court, the people's procuratorate, the public security department, the jail, the detention house, the labor reform agency, and the drug addiction treatment center.