Module 7 POA

Question 1

General POA Created under the powers of attorney act 1971- Attorney responsibilities (8)

Answer 1

Make decisions in the donors best interest
Consult with donor and others with an interesting down as a first before making decisions
Keep own money separate from donors
Respect diners confidentiality
Ensure no conflict-of-interest
Only make gifts on the customary occasions that may have been expected
If the attorney breaches duty can be ordered to make restitution
Fine and or five years in prison if neglect

Question 2

What are the 5 principles of Mental Capacity Act 2005

Answer 2

All adults have the right to make their own decisions – and must be assumed to have the mental capacity to do so
The individual must be supported and given always more help to make their own decisions for treated as it cannot do so
An individual cannot be treated as lacking capacity for making poor decisions
Everything done for an individual lacking capacity must be in their best interest‘s you’re not in the least restrictive option should be chosen – interfering the least in their rights and freedom is

Question 3

Factors determining mental capacity (six)

Answer 3

Include injury/illness/condition that affects the way the mind works – Temporary or permanent
Assessment made at time decision needs to be made
Can they understand the decision they need to make and why they need to make it
Can they understand the possible outcomes if they do/don’t make the decision
Can I make an informed choice
Can they communicate their decision

Question 4

Powers of the court of protection (7)

Answer 4

Decide whether someone has mental capacity
Make decisions/act for someone who does not
Appoint deputies where like a pasty and no LPA/EPA
Determine whether an LPA/EP a is valid
Remove deputies/attorneys who fell to do their duty
Here objections to registration of LPA/API
Must apply MCA principles when reaching its decision and ensure they are in the best interest of those who lack capacity

Question 5

Office of public guardian (brackets OPG) – protect those who lack mental capacity to make and decisions
What are the main functions (.05)

Answer 5

Maintain register of LPA/EPA, court orders appointing deputies
Supervise deputies
Deal with complaints re-attorneys and deputies
Work with others e.g. social services
Provide reports to court of protection where concerns are raised

Question 6

What does the Public Guardian do

Answer 6

The individual responsible for protecting those who lack mental capacity from abuse
Duties
– protect those lacking mental capacity from abuse
Register LPA/EPA
Supervise court of protection appointed deputies

Question 7

What does the independent mental capacity advocate (I MCA) do

Answer 7

Support and represent individual lacking capacity with no want to speak for them
Make decisions as regards serious medical treatment and long-term care only your nine – NHS must consult I am CA for the most vulnerable
– – insures all factors relating to daycare I brought to the attention of NHS decision-makers
– – involved if being moved to another NHS/LA accommodation
– – I am CA can challenge the Susans made by attorneys deputies

Question 8

Mental capacity act 2005

Answer 8

Support/protect those who are unable to make their own decisions through the following
– court of protection
Office of public guardian
Independent mental capacity advocate
Five principles referred to on previous card

Question 9

Mental health act 1983 Section 2 compulsory admission for assessment in hospital

Answer 9

Maximum 28 days – can request further 28 days if need to investigate further
Approved mental health practitioner/nearest relative can ask the person to be sectioned

Question 10

Mental health act 1983 section 3 – compulsory admission for treatment in hospital

Answer 10

Compulsory admission for treatment in hospital
– initially for those six months
– – can request further six months
– approved mental health practitioner/nearest relative can ask the person to be sectioned and admitted

Question 11

Mental health act 2007

Answer 11

Responsibility for those with mental health conditions now sits with a wider range of professionals
Can change designated nearest relative
Role changes relating to those with dementia
– civil partner included as relative
– someone who’s been sectioned can challenge who the designated nearest relative should be
– someone to tied in hospital can you request access to IMCA who can explain their rights and has a change of section
– Guardian can take a person to the place they are required to live
Approved mental health practitioners and social workers can recommend an individual is sectioned/has a guardian
Responsible commission could be a professional other than the doctor

Question 12

Process to set up LPA

Answer 12

Use a prescribed form
States that the donor an attorney have read the prescribed information and understand the duties
I certificate for my prescribed person
Further certificate required if no person nominated to be advised of the registration of the LPA
Must be registered with the office of the public guardian

Question 13

When can LPA be revoked

Answer 13

If the attorney or donor dies or is made bankrupt

Incapacity of attorney

Question 14

Andrew has aDegenerative illness and several years ago he granted enduring power-of-attorney to his brother David. When can David start using the EPA?

Answer 14

Immediately
Unless Andrew has specified a restriction within the terms of the EPA that David can only use the EPA if he becomes mentally incapable

Question 15

Andrew has aDegenerative illness and several years ago he granted enduring power-of-attorney to his brother David.State what action David needs to take if he believes that Andrew is becoming mentally incapable

Answer 15

Register the EPA with the OPG

Notify a minimum of three of Andrews relatives that he intends to register the EPA

Question 16

Andrew has aDegenerative illness and several years ago he granted enduring power-of-attorney to his brother David. What restrictions are placed on David if he wishes to make gifts on behalf of Andrew

Answer 16

David can only get property where:
– Andrew might have been expected to provide for the donees needs
If there is a regular habitual gifting pattern then this could be continued
David cannot make new inheritance tax or unusual gifts without seeking the courts permission

Question 17

Explain the five key principles of the mental capacity act

Answer 17

Presumption of capacity
Individuals supported to make our decisions
Unwise decisions
Best interests
Least restrictive option

Question 18

Presumption of capacity

Answer 18

Every adult has the right to make their own decisions and must be assumed to have capacity to do so unless it is proved otherwise
This means you cannot assume that someone cannot make a decision for themselves just because they have a particular medical condition or disability

Question 19

Explain principle to individuals being supported to make their own decisions

Answer 19

A person must be given all practicable help before anyone treat them as not being able to make their own decisions
This means that you should make every effort to encourage and support people to make the decision for themselves
If lack of capacity is established it is still important that you involve the person as far as possible in making

Question 20

Principle three of the mental capacity act 2005 – unwise decisions

Answer 20

People have the right to make what others might regard as longwise or eccentric decision
Everyone has their own values beliefs and preferences which may not be the same as those of other people
You cannot treat them as lacking capacity for that reason

Question 21

Principal four of the mental capacity act 2005 - Best interests

Answer 21

Best interests
If a person has been assessed as lacking capacity then any action taken already decision made for or on behalf of that person must be made in their best interests

Question 22

Principle five of the mental capacity act 2005 – least restrictive option

Answer 22

Someone making a decision or acting on behalf of a person who lacks capacity must consider whether it is possible to decide or act in a way that would interfere less with the persons rights and freedoms of action or whether there is a need to decide to act at all. In essence, any intervention should be proportional to the particular circumstances of the case

Question 23

State the main aspects of the decision-making process in relation to determining the capacity of an individual

Answer 23

Understand the information relevant to the decision
Retain that information/understand the consequences of making or not making the decision
Use away the information as part of the process of making the decision/make their own decision
Communicate their decision
Individual will be deemed to be unable to make a decision if any of the one points can’t be met

Question 24

State the full circumstances in which an ordinary power-of-attorney will cease

Answer 24

When the donor becomes mentally incapacitated
When this is revoked by the donor at the end of a specified term or when I specific act has been carried out on the death of the donor on the death of the sole attorney

Question 25

Following the mental capacity act 2005 what is the difference between a lasting power-of-attorney and an enduring power-of-attorney

Answer 25

Lasting power-of-attorney can provide for the ability to deal with decisions in respect of personal welfare and medical treatment where as an enduring power-of-attorney does not

Question 26

Each of the events described will lead to the revocation of a lasting power-of-attorney (health and care decisions) with exception of
– bankruptcy attorney
– divorce between donor and attorney
– death of the attorney
– incapacity of the attorney

Answer 26

Answer is bankruptcy of the attorney – with the exception of bankruptcy all the other options will lead to an LPA (health and care decisions) being revoked

Question 27

Under the mental health act 1983 the initial maximum term and individual can compulsorily be admitted for treatment in hospital is
28 days
Three months
Six months
12 months

Answer 27

Answer is six months

Question 28

In order to be eligible for a DRO, call find it must be for less then?

Answer 28

£20,000

Question 29

When did roles on bankruptcy changed as relating to pensions?

Answer 29

29th of May 2000

Question 30

When did lasting powers of attorney replace injuring power-of-attorney

Answer 30

October 2007