September 2021: Case on capacity and power of attorney

Read through the scenario below, think about what you would do and then check our expert advice to see if we agree.

Case on capacity and power of attorney

I recently examined a patient who was affected by dementia. On the day of the sight test they were having a difficult day and were particularly confused, so they attended with their sister. Previously, they had always attended with their daughter, so I was surprised when the sister said they were my patient's power of attorney. How should I assess whether my patient lacks capacity and what evidence should I ask for to check whether someone genuinely has legal responsibility?

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