Hi everyone, I will try to be brief; I have POA for financial and property for my elderly BIL and on Monday he also signed the form for Health & Welfare which I duly sent off to the OPG today after obtaining the requisite signatures etc. Sadly he had a fall this afternoon and has been admitted to hospital and I rather fear that SS are going to come along and do a mental capacity test on him whilst he's in the ward as there have been some concerns about his memory loss recently. I had phoned SS to let them know about this and they were supposed to arrange an appointment with me (Harry is virtually deaf and refuses to wear his hearing aid so I need to "translate") and I specifically requested that I be present at the reassessment. He had a test in February this year which he passed, but I'm a bit worried about his recent memory loss although he knew exactly what he wanted when he signed the H&W form earlier this week. His carers think he may have a urine infection which may account for his current state of mind and the hospital are keeping him in pending blood and urine tests. I guess my question is; if SS come along and do a mental capacity test on him before the OPG have rubber stamped the H&W form, will the form then be considered null and void should he fail the test?