Chapter 9 Flashcards
Under an enduring power of attorney, if an individual is beginning to lose their ability to make financial decisions, what action, if any, must the attorney take?
They must register it with the Court of Protection
When assessing legal capacity, the decision will be based on the individual’s:
Capacity to understand
How does an enduring power of attorney differ from a power of attorney?
It can continue after the loss of mental capacity
Under the Access to Medical Reports Act 1988, how long does an individual have to review and consent to a medical report before it may be returned to the life office?
21 days
What happens to a power of attorney if the individual loses mental capacity?
It ceases immediately
With a lasting power of attorney [LPA], what is the role of the ‘certificate provider’?
They certify that the donor understands the purpose of the LPA and is not acting under undue influence
