Power of attorney

Question 1

What’s the difference between a general POA and a lasting POA

Answer 1

General POAS only last while the donor has mental capacity. Lasting will cover if they are not of sound mind.

Question 2

What are the requirements for a POA

Answer 2

• over 18
• mental capacity
• attorney isn’t bankrupt
• signed by the donor
• witnessed (if can’t sign then two witnesses required)

Question 3

Can a POA be revoked if the donor changes their mind?

Answer 3

It can for a general one

Question 4

Where does a Lasting POA need to be registered?

Answer 4

Office of public guardian

Question 5

Lasting POA - who signs doc?

Answer 5

• donor
• attorney
• certificate provider (this ensures donor understands)

Witnessed by 1 person

Question 6

How long does it take for LOA to be registered?

Answer 6

8 to 10 weeks but could take longer

Question 7

What happens if a attorney mistreats donor?

Answer 7

Unlimited fine/ up to 5 years in prison

Question 8

Difference betweeen EPA and LOA

Answer 8

EPA are old, although ones in force can continue Attorney acting an EPA cannot make health care decisions and would have to take out a LPA health and health care

EPA can be used before it is registered, unlike a LPA

Question 9

What are an attorneys duties:?

Answer 9

acting in donors best interests and considering their needs

• not taking advantage of them
• keeping their property separate
• cannot make gifts except in certain situations

Question 10

When can an attorney make gifts?

Answer 10

birthdays etc

• charity, if donor would usually expect to
• cannot normally do IHT gifts unless court has given approval.

Question 11

What is the mental capacity act 2005 trying to assess

Answer 11

Whether people can make decisions for themselves

Question 12

What does the court of protection do?

Answer 12

• get involved when someone can’t make their own decisions
• can appoint deputy’s
• can remove deputy’s
• decide if LPA is valid

Question 13

Difference between deputy and attorney

Answer 13

deputy have to be appointed by the court of protection

-can only do powers set out by the court of protection

Question 14

What does the office of the public guardian do?

Answer 14

• maintaining a list of LPA
• maintaining a list of deputy appointed
• supervises deputy’s
• deals with complaints about deputy’s

Question 15

What is a independent mental capacity advocate?

Answer 15

appointed to represent someone who has no friends or family and make a decision for them
-only used for long term care or serious medical reasons

Question 16

Mental health act, what is a guardian?

Answer 16

guardian can be appointed to make decisions about their care and can attend meetings etc

Question 17

What are the two mental health act sections

Answer 17

Section 2

• 28 days
• can then be renewed for another 28 days
• doctor (someone that knows them) and mental illness doctor have to see person within 14 days of section request (5 days between the meetings)

Section 3

• 6 months
• can be added to another 6 months

Question 18

After care services, what applies re mental health act?

Answer 18

local authorities have to look after person after hospital

-not means tested

Question 19

When setting up a new lasting power of attorney (LPA), the role of ‘certificate provider’ is to certify that the:

Answer 19

donor understands the LPA and is not being coerced.