Power Of Attorney

Question 1

What restrictions apply to a General Power of Attorney?

Answer 1

Can do almost anything including payment of bills etc

Cannot sell the donor’s property without specific power of instruction

Is no longer valid when donor looses mental capacity

Can authorise documents with or Donor’s signatures

Question 2

What happens if in setting up the LPA the donor is physically in capable of signing?

Answer 2

Someone else can sign on his behalf but must be signed by 2 Independant witnesses

Question 3

Who can signed a Certify Copy of Power of Attorney?

Answer 3

Donor

Solicitor

Stockbroker

Question 4

When can the Power of Attorney be revoked?

Answer 4

On death of Donor
Bankruptcy of Donor or Attorney
Donor revokes with Mental Capacity and at any time
On divorce between Spouses or Civil Partners where both are Donor and Attorney

Question 5

What happens if the Attorney is not aware the Donor has changed his mind and revoked the Power of Attorney?

Answer 5

If the Attorney was not aware they could still act but not be liable.
Power of Attorney Act 1971

Question 6

When is an EPA registered under the Enduring Power of Attorney Act 1985?

Answer 6

When the donor is considered to becoming Mentally Incapable

Once Mentally Incapable then the donor can’t appoint an Attorney

Question 7

Gifts exempt from requiring Court approval

Answer 7

1. Donor is expected to provide for the recipient’s need e.g. dependant’s child
2. Gifts to others on marriage, Birthday, Christmas and other Seasonal Gifts, where the donor would normally expect to make the gifts
3. Gifts to charity where the donor might be expected to make a gift, e.g. to favourite charity

Question 8

When was the Mental Capacity Act?

Answer 8

2005

Question 9

What is the general purpose of the Court of protection?

Answer 9

To protect those that lack capacity to look after themselves

The Court can appoint a Deputy where there is no Attorney

Question 10

When did the Mental Capacity Act 2005 come into force?

Answer 10

April and October 2007

Question 11

What age does the LPA start?

Answer 11

Age 16 or over and not capable of making decisions for themselves

Question 12

Guidances

Answer 12

Overriding principle that everything done is in the best interest of the individual who lacks capacity

Question 13

What are the 5 basic principles of the MCA?

Answer 13

1. Every adult has the right to make his or her decision and is assumed to have capacity unless it is proved otherwise.
2. A person must be given all practicable help before treating them as not being able to make their own decisions.
3. Making an unwise decision does not mean they are lacking capacity. Everyone has the right to make irrational decisions
4. Everything must be done in their best interest
5. Anything done for or on behalf of a person who lacks mental capacity should be the least restrictive of their basic rights and freedoms

Question 14

At the time a decision is made

Answer 14

Should not be labelled as capable or incapable

Question 15

What are the 3 elements to consider when an individual makes a specific decision?

Answer 15

1. Is the patient able to understand the information relating to the decision?
2. Is the patient able to retain the information long enough to make the decision?
3. Is the patient able to use the information to make a choice?

If the answer to any of these questions is NO the individual is considered unable to make a DECISION.

Question 16

When did LPA’s come into effect?

Answer 16

1st October 2007

Question 17

What are the 2 types of LPA?

Answer 17

1. Financial Decisions LPA
2. Health and Care Decisions LPA

Both have to be registered before being used

Question 18

Rules of Certificate Provider

Answer 18

Must ensure the Donor understands the LPA

Confirm the Donor has not been put under undue pressure to sign

Can be anyone who has known the Donor for at least 2 years

Someone in a specified profession

Or

A person who has the skills and expertise to be a Certificate Provider

The form must be signed and witnessed

Question 19

What is a qualifying advanced decision?

Answer 19

Where the donor has refused to medical treatment in the future.

The LPA will replace it.
The Health and Care Decision LPA will take presidence if later.

I.E. the most recent document is used

Question 20

What are the requirements for an LPA to be valid?

Answer 20

The Donor or Attorney must not be bankrupt

Both must be 18 or over

The power must comply with the act

Confirm both have read the information and that the Attorney understood his duties

Question 21

What can be done when the LPA is registered to the court?

Answer 21

Donor can request that up to 5 people are notified of the registration by the Court

Means others can object if wrong or unnecessary

If no one is nominated to be given notice then 2 signatories are required

Question 22

When can a LPA be revoked?

Answer 22

1. The Death of the Donor
2. The incapacity of the Attorney
3. Divorce or dissolution of Civil Partnership between Donor and Attorney
4. A Property and Financial Affairs ( Financial Decisions) LPA revoked when either Donor or Attorney becomes Bankrupt

Question 23

What are the 5 key roles of the OPG?

Answer 23

1. To provide information and guidance to the public
2. To maintain a register of LPAs and EPAs
3. To maintain a register of Deputies
4. To supervise Deputies
5. To deal with complaints about Attorneys and Deputies