Enduring powers of attorney – Providing consent for those who can no longer consent for themselves L
ucy Gibberd, Medicolegal Consultant at Medical Protection, spells out the basics of the conditions under which an enduring power of attorney (EPOA) can be set up, the situations where it may be activated, and the limits of what can be consented to using an EPOA. A recent HDC case found a doctor in breach of the Code of Health and Disability Services Consumers’ Rights because they did not adequately assess their patient’s capacity with regard to setting up an enduring power of attorney (EPOA). In 2018, the doctor saw a patient and provided a certificate stating that the patient, who had been diagnosed with dementia, lacked the capacity to
24 THE SPECIALIST | JUNE 2021
make decisions regarding her financial and medical wellbeing. The doctor did not conduct a formal assessment of the patient’s capacity prior to issuing the certificate. The patient’s partner then contacted the doctor and explained that the certificate provided was not what the solicitor required. He explained that he required a certificate stating whether the doctor deemed the
woman to have the mental capacity to appoint him (the partner) EPOA. The doctor then provided a certificate stating the patient had capacity to appoint an EPOA, despite the lack of a formal assessment and the previous certificate stating the patient lacked capacity to make decisions about finances and health. The Commissioner found that by failing to perform a formal
