In recent years the medical condition of a donor under a power of attorney has become increasingly important and therefore documented. Medical certifications as to mental capability are of particular importance both for property attorneys and personal care and welfare ones.

A certificate around mental capacity triggers the use of both enduring powers of attorneys which have been either put in place in a timely manner, or ordered by a court through the process covering the absence of such relevant documents.

Doctors are most particular, as you would expect, when they put their assessments of the donors in writing. They know that there will be a loss of independence for their patient should the mental capabilities become impaired. The grey area for all the professionals involved is the earlier stages of the mental incapacity for any reason. The family begin to notice the changes, but it does take some time before the power of attorney document can be unconditionally used by the appointed attorneys.

It is important to check with your donor’s lawyer as to whether the medical certificates enable the attorney to commence attorneyship duties. To obtain clarity, the wording of the medical certificates should be reviewed carefully to ensure the full parameters of the legislation are complied with while confirming inequivalently.