Power Of Attorney Flashcards
What restrictions apply to a General Power of Attorney?
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Is no longer valid when donor looses mental capacity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
What happens if in setting up the LPA the donor is physically in capable of signing?
Someone else can sign on his behalf but must be signed by 2 Independant witnesses
Who can signed a Certify Copy of Power of Attorney?
Donor
Solicitor
Stockbroker
When can the Power of Attorney be revoked?
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
What happens if the Attorney is not aware the Donor has changed his mind and revoked the Power of Attorney?
If the Attorney was not aware they could still act but not be liable.
Power of Attorney Act 1971
When is an EPA registered under the Enduring Power of Attorney Act 1985?
When the donor is considered to becoming Mentally Incapable
Once Mentally Incapable then the donor can’t appoint an Attorney
Gifts exempt from requiring Court approval
- Donor is expected to provide for the recipient’s need e.g. dependant’s child
- Gifts to others on marriage, Birthday, Christmas and other Seasonal Gifts, where the donor would normally expect to make the gifts
- Gifts to charity where the donor might be expected to make a gift, e.g. to favourite charity
When was the Mental Capacity Act?
2005
What is the general purpose of the Court of protection?
To protect those that lack capacity to look after themselves
The Court can appoint a Deputy where there is no Attorney
When did the Mental Capacity Act 2005 come into force?
April and October 2007
What age does the LPA start?
Age 16 or over and not capable of making decisions for themselves
Guidances
Overriding principle that everything done is in the best interest of the individual who lacks capacity
What are the 5 basic principles of the MCA?
- Every adult has the right to make his or her decision and is assumed to have capacity unless it is proved otherwise.
- A person must be given all practicable help before treating them as not being able to make their own decisions.
- Making an unwise decision does not mean they are lacking capacity. Everyone has the right to make irrational decisions
- Everything must be done in their best interest
- Anything done for or on behalf of a person who lacks mental capacity should be the least restrictive of their basic rights and freedoms
At the time a decision is made
Should not be labelled as capable or incapable
What are the 3 elements to consider when an individual makes a specific decision?
- Is the patient able to understand the information relating to the decision?
- Is the patient able to retain the information long enough to make the decision?
- 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.
When did LPA’s come into effect?
1st October 2007
What are the 2 types of LPA?
- Financial Decisions LPA
- Health and Care Decisions LPA
Both have to be registered before being used
Rules of Certificate Provider
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
What is a qualifying advanced decision?
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
What are the requirements for an LPA to be valid?
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
What can be done when the LPA is registered to the court?
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
When can a LPA be revoked?
- The Death of the Donor
- The incapacity of the Attorney
- Divorce or dissolution of Civil Partnership between Donor and Attorney
- A Property and Financial Affairs ( Financial Decisions) LPA revoked when either Donor or Attorney becomes Bankrupt
What are the 5 key roles of the OPG?
- To provide information and guidance to the public
- To maintain a register of LPAs and EPAs
- To maintain a register of Deputies
- To supervise Deputies
- To deal with complaints about Attorneys and Deputies
