I disagree with Nigel George when he says the lasting powers of attorney provisions are 'not exacting' (see [2008] Gazette, 17 April, 13). The formal requirements and the length of the documents make the process of taking instructions and completing the paperwork time-consuming, usually needing at least two quite lengthy consultations with the client. Also, the restrictions relating to who can provide the certificate can cause serious problems. The local social work department recently asked me to act as an attorney for one of their clients, an elderly, socially isolated person living in a residential home. The rules say that the required certificate cannot be given by another member or employee of my firm, the donor's family, or staff at the residential home. The local GP refuses to give the certificate on the basis that he has not known her for two years - an error of categorisation on his part, but a problem for us nevertheless.


What am I supposed to do?



Richard H Rix, Hallett & Co, Ashford, Kent