Are there any guidelines for witnessing an enduring power of attorney (EPA)?
Yes. The Office of the Adult Guardian has issued Capacity Guidelines for Witnesses of Enduring Powers of Attorney. The guidelines are useful in their suggestions relating to how interviews with the donor to assess capacity should be carried out. Examples of the questions to ask, the signs to look for that might suggest incapacity (and therefore the need for a medical assessment) and the important issue of note-taking are included. Failure to follow these guidelines may have disciplinary consequences. For example, in the case of Legal Services Commissioner v Ford [2008] LPT 12 not following the guidelines was one element in a finding of unsatisfactory professional conduct. A summary of this case appeared in the November 2008 edition of Proctor magazine at p 10. (Link underlined words to this document in folder). Another useful example demonstrating the point is Legal Services Commissioner v Alan Graham Taylor, LPC 006/08 (16 March 2009) (Add link – see ‘Issues to resolve’). In both case
