A power of attorney request gets tricky

‘Business Dilemmas’

Kathryn Leask

Dr Kathryn Leask

Le Penseur de Rodin (Laeken - Belgique)All they need is the doctor’s signature. But as one of our readers finds, it is not as simple as that. Dr Katherine Leask answers her query





Dilemma 1

Can I still act as impartial party?

SignQ I am a consultant oncologist and I have been asked to act as a certificate provider for a lasting power of attorney relating to money, finances and property for one of my patients.

The patient initially asked me to do this a couple of weeks ago. I agreed in principle, but said I would seek advice as to whether it would be appropriate for me to do this.

Unfortunately, during this time, the patient’s condition has deteriorated and she no longer has capacity. I had spoken to the patient, in the presence of her family, about her wishes at the time she asked me.

She had completed the form and signed it in the presence of a witness and it has also been signed by the attorneys. All that is needed is my signature.

Based on my previous discussions with the patient, can I still act as a certificate provider?