Application to appoint welfare guardian — validity of enduring power of attorney — mental incapacity — competence of subject person — testamentary capacity — brain injury — jurisdiction of the court in respect of an enduring power of attorney — failure by solicitor to witness signature and certify — Protection of Personal and Property Rights Act 1988, ss 5, 94A & 102. The applicant, a social worker, sought to have a welfare guardian appointed for the subject person who was over 60 and had suffered from a brain injury in his 20s. The application was opposed by the subject person's wife, who claimed power of attorney. The question for the court was the validity of that power of attorney as it was not contested that the subject person had become mentally incapable. To determine the matter, the court had regard to assessments conducted for ACC purposes that assessed the subject person's capacity. The reports were conducted over 18 months before the enduring power of attorney was signed, however the report writer gave evidence that the subject person's capacity would have reduced in a linear way causing him to fall within the "incapable" range in April 2015. The court accepted this opinion and found that the subject person therefore did not have capacity to sign the enduring power of attorney and therefore his partner could not rely on that power of attorney. The court criticised the enduring power of attorney document as the solicitor had failed to witness the subject person's signature and had failed to certify the matters in compliance with their obligations under the Act. The court directed that a copy of the decision be sent to that solicitor noting that the matter may need to be referred for disciplinary consideration. Judgment Date: 21 November 2017. * * * Note: Names have been changed to comply with legal requirements * * *