Powers of Attorney Act 2006

The likelihood of a principal regaining decision–making capacity within the period mentioned in section 41D (2) (b) must be assessed by an independent doctor, taking into account—

the principal’s medical, mental and physical condition; and

the severity of the principal’s condition and the prognosis for the principal; and

the current stage of treatment and care required for the principal; and

any other circumstances relevant to the principal; and

the nature of the medical research, including the type of treatment or care provided by the research and the timeframe for the research.

The independent doctor must state, in writing, the doctor’s belief whether the principal is likely to regain decision-making capacity within the period mentioned in subsection (1), and the reasons for the belief.

An independent doctor must always give a statement under s (2), regardless of whether the ACAT has made a declaration about the decision‑making capacity of a principal for an enduring power of attorney under the Guardianship and Management of Property Act 1991, s 65.

In a proceeding, a certificate by an independent doctor under s (2) stating whether the principal is likely to regain decision-making capacity within the required period is evidence of that fact (see s 87).

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