Delegated decision making (LPA etc)

Question 1

Two types of LPA

Answer 1

Two types
* health and welfare - donors daily routine, medical care, moving to care home, life-sustaining treatment

H&W CAN ONLY BE USED ONCE DONOR LOST CAPACITY

• property & financial affairs - managing bank accts, pauing bills, collecting benefits, selling your home

P&F CAN BE USED AS SOON AS ITS REGISTERED IF DONOR GIVES PERMISSION

Question 2

Attorneys

Answer 2

Joint & Several - attorneys can make decisions on their own or can choose to make decisions together

Jointly - all attorneys have to agree on decisions

Removing/changing attorneys - donor can remove as long as they have mental capacity. Must send the OPG a ‘partial deed of revocation’

To change attorney need to end the LPA and set up a new one

If donor has capacity they can end LPA by contacting OPG and provide the original LPA and written statement called deed of revocation.

Question 3

Process that must be followed to set up LPA

Answer 3

• Donor must have mental capacity
• Must use prescribed documentation/complete application form
• Must sign the documentation as the donor
• They must choose a certificate provider who must sign to confirm competency or else LPAs cannot be set up
• All attorneys must sign to accept their responsibilities
• All signatures must be witnessed
• Instructions the donors wish to include must be specified on the documentation / should specify if attorneys act on a joint or joint and several basis
• must pay the application fee and register the LPAs

Question 4

If lose capacity prior to making LPA

Answer 4

• wont have provided instructions about finances and future health care so will come under jurisdiction of Court of Protection
• Deputy would be appointed by the court, usually a family member or friend
• Until deputy appointed no financial transactions can take place and no arrangements for care can be made
• Deputy unlikely to be granted powers to make planned gifts, do any estate planning or make end of life decisions

Question 5

Advance Decision

Answer 5

• advance decision is legally binding but may be subject to interpretation / can be challenged and only covers end of life care decisions
• properly prepared LPA cannot be challenged and allows health care wishes to be set out in a number of areas
• LPA ensures that they have an attorney to act on their behalf in the event they lose mental capacity