Powers of Attorney
See also Guide to Accounts Rules 2001
In 1995 the Society's Professional Practice Committee considered a complaint from a consultant psychiatrist that a solicitor, in setting up a Deed of Power of Attorney, did not satisfy himself that the grantor had the capacity to grant such a power. It was alleged that prepared paperwork was passed to the family, who obtained the signature from their elderly relative in hospital. There were no discussions with those in charge of her treatment. In this particular case the Mental Welfare Commission was satisfied after inquiry that the patient had not suffered and decided not to challenge the extant Power of Attorney.
The Professional Practice Committee reminds solicitors (a) that a solicitor must have instructions from his or her client (b) that the client is the granter of the Power of Attorney and (c) that solicitors are not the judges of mental capacity. That is for the medical profession from whom advice should be sought if there is any doubt as to a client's capacity.
