Chapter 4

Question 1

How many witnesses must there be for the

Answer 1

Witnessed by one person assigned by the donor

Question 2

How long is a general power-of-attorney valid for

Answer 2

Is valid whilst ever the donor has mental capacity .

When capacity is lost the power of attorney is automatically revoked

Question 3

When did enduring powers of attorney end

Answer 3

October 2007.

Since this date is no longer be impossible to create an EPA they were replaced by LP

Question 4

What happens if a donor is unable to sign the deed because of physical disability when making a power-of-attorney

Answer 4

They can get another person to sign it on their behalf in this case two witnesses are needed to attest the signature

A person of unsound mind cannot execute a power-of-attorney

Question 5

If somebody was going overseas what type of attorney would they put in place to allow people to manage their finances

Answer 5

The general power-of-attorney would be created as a temporary measure.
This would be revoked if capacity was lost

Question 6

As part of section 10 of the powers of attorney act 1971 what can power can The donor not pass on to the attorney

Answer 6

They cannot pass on the function as a trustee or personal representative that the donor may have had.

Question 7

How do attorneys execute documents by way of signature

Answer 7

With their own signatures or by the signature of the donor e.g. a B by his attorney CD

Question 8

What events make general power-of-attorney to be revoked

Answer 8

Revoked at any time by the donor.

Automatically revoked if the donor dies.

If the donor becomes of unsound mind.

If the donor is adjudged bankrupt

The exception to this is if the donor expressed it to be irrevocable

Question 9

What happens if attorneys have no notice of revocation

Answer 9

They are given protection under the act as follows.

An attorney who continues to act incurs no liability to the donor or to another person.

The transaction is valid

Question 10

When a business is dealing with an attorney it will have to satisfy itself with what

Answer 10

The power was duly executed.

It is still valid.

It gives authority for the intended transaction.

Question 11

How is the power of attorney created

Answer 11

By a deed executed by one person- the donor

Question 12

Can attorney giveaway the donors property

Answer 12

Not without specific permission in the deed

Question 13

What are the requirements that make an LPA valid

Answer 13

Donor and attorney must be 18 and not bankrupt
Must have mental capacity
LPA must be in prescribed form, state that they understand their duties, certificate from another to confirm no fraud or pressure

Question 14

LPA can be revoked if-

Answer 14

Donor or attorney bankruptcy
Death of attorney
Divorce of attorney and donor
Incapacity of attorney

Question 15

How long does it take to register an LPA

Answer 15

> 10 weeks
Opg must do checks
3 weeks where people can object
£110 fee for court

Question 16

Duties of an attorney

Answer 16

Make decisions in the best interest 
Where possible consult donor 
Keep money separate 
Keep affaires confidential 
No conflict of interest 
Don't make gifts other than customary occasions 
Cop approval of gift for iht reasons

Question 17

What can happen if breach of duty

Answer 17

Made to compensate
Criminal offence
Fine and or prison of 5 years

Question 18

When did LPA a come in

Answer 18

1 oct 2007

Question 19

When can an LPA or EPA start to be used

Answer 19

LPA - as soon as registered with or without capacity

EPA- before its registered with capacity and after its registered without capacity power is suspended while registered

Question 20

What Are the 3 main organisations the the mental capacity acts runs through

Answer 20

COP
OPG
Independent mental capacity advocate

Question 21

5 keep principles of mental capacity act

Answer 21

Everyone has capacity unless it’s proved otherwise
People must be supposed to make their own decisions
People can make irrational and eccentric decisions and still have capacity
Attorney must make best decision for the donor
Every decision must be the least restrictive one

Question 22

How you assess capacity

Answer 22

Can they understand what decision and why
Understand consequences of decisions
Can they weigh up the information
Can they communicate their decision

Question 23

Powers of the COP

Answer 23

Decide if someone has capacity
Make decisions for people
Appoint deputies
Say of epa or LPA is valid
Remove deputies
Hear objections for LPA

Question 24

How to become a deputy

Answer 24

Must apply or be appointed by cop

Question 25

Difference between attorney and deputy

Answer 25

Deputy appointed and must liaise with cop
Stops on death
Deputy only has powers given by cop

Question 26

What’s a single order from cop

Answer 26

Where there is no ongoing need for powers

Question 27

What can a deputy NOT do

Answer 27

Make a will
Make large gifts
Hold money on their behalf
Must lease re investing money

Question 28

OPG duties

Answer 28

Maintain register of epa And LPA 
" " of court orders
Supervise deputies
Sort complaints
Work with social services
Provide reports to cop

Question 29

What is the public guardian

Answer 29

An individual protect people with incapacity

Responsible for opg running

Question 30

IMCA independent mental capacity advocate

Answer 30

Becomes involved for decisions involving serious medical treatment and long term care in line with Nhs

Question 31

What’s guardianship under MCA

Answer 31

Limited powers to deal under the MCA
Normal for local auth to be named
Gets involved with accommodation
Medical treatment education and training

Question 32

Who has jurisdiction for protecting persons who lack mental capacity

Answer 32

The court of protection

Question 33

What types of power of attorney continue when the Donee becomes mentally incapable how has the position changed with the passing of the mental capacity act

Answer 33

Enjoying power-of-attorney and lasting power-of-attorney the mental capacity act replaced EPA’s with L PAs although EPA is already in existence as at first of October 2007 are still valid and can apply

Question 34

Which act contains the law on general powers of attorney

Answer 34

The powers of attorney act 1971

Question 35

Is a general power-of-attorney rendered invalid by the insanity of the donor

Answer 35

Yes