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Power of Attorney
Powers of attorney are particularly relevant in the case of elderly or infirm patients.
Patients should seek legal advice before becoming incapacitated.
Power of Attorney
This delegates the rights to act on an individual's behalf. It may be revoked at any time and is automatically revoked if the patient becomes mentally
incapable, unless it is expressed as an irrevocable power of attorney.
Enduring or Continuing Power of Attorney
If the patient wishes for the Power of Attorney to exist in the event of mental incapacity then an Enduring Power of Attorney may be drawn up whilst the patient is
mentally capable. This does not come into effect until the donor becomes incapable of managing his or her affairs and may be revoked up until that time.
This form should be registered with the Office of the Public Guardian
at the time that the attorney considers that the patient to be becoming incapable of managing their own affairs.
The Court of Protection has the power to investigate cases that have been registered in this way.
Restrictions to the Power of Attorney
A power of attorney may be restricted in any way that the patient wishes or feels necessary. For example
- it may be restricted to a single transaction such as buying a house.
- it may specify that two people must act jointly as attorneys
- it may be written to include medical restrictions
These restrictions will be designed to reassure patient that they will be in full control of their affairs until they cannot manage them any more when decisions
will be made by the person or persons that they choose and trust to control their affairs.
Patient consent
Powers of Attorney are complex and the GP is unlikely to know the precise details.
A doctor should therefore always seek the consent of a competent patient.
Abuse of Power of Attorney
If you are concerned that an attorney is abusing their powers you should register your concerns by contacting the
Enduring Powers of Attorney Helpline at the Office of the Public Guardian. (Tel 020 7664 7327)
Further information from;
Where to Turn! A Caring Matters Guide
Age concern; Legal arrangements for managing your financial affairs
See also:
Q ML503 - Enduring power of attorney
CED 19/12/01 (Updated 07/07/05)
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