Lasting Powers Of Attorney

Question 1

The process

Answer 1

They must have mental capacity

They must complete the application form

They must sign all documentation as the donor

Choose a certificate provider who must confirm competency

All attorneys must accept responsibility

All signatures must be witnessed by one person

Instructions they wish to include such as if attorneys act joint or joint and several or whether a note is sent once LPA is in effect

They must lay application and register the LPA with the OPG

Can be lazy with property and finance not health and welfare

Question 2

Decisions to make setting up a LPA

Answer 2

Who are the attorneys
Whether attorneys should act on joint or joint and several basis
Who will the certificate provider be
Do they want p&f decisions be made before lose mental capacity
Do they want to include any instructions as part of lpa
What preferences about care / end of life
Who would they like to be notified when LPA registered

Question 3

When do LPA become revoked - worthless?

Answer 3

Bankruptcy
Death
Donors wishes
Loss of capacity if not registered

Question 4

If no lpa set up and lose mental capacity

Answer 4

The court of protection would evaluate if capacity exists or not
Attorneys would need to apply to court of protection to act in regards to any health and welfare decisions
If not successful individual appointed to do on their behalf
Same process for property and finance but every time something requested need to go through this process, h&w one and done