Power Of attorney's

Question 1

What is a Lasting Power of Attorney? LPA

Answer 1

legal document that allows the donor to appoint one or more people (attorney’s) to help them make decisions or decisions on their behalf.
It gives the individual more control over what happens to them if they have an accident or illness & cant make their own decisions (they lack mental capacity).

Question 2

How does a health and welfare LPA work?

Answer 2

gives the attorney power to decisions about

• donor’s daily routine such as washing, dressing & eating
• medical care
• moving into a care home
• a life sustaining treatment

CAN ONLY BE USED ONCE THE DONOR HAS LOST MENTAL CAPACITY

Question 3

How does a property & financial affairs LPA work?

Answer 3

gives attorney power to make decisions about
-managing a bank account
-paying bills
-collecting benefits or a pension
-selling your home
CAN BE USED AS SOON AS IT HAS REGISTERED IF THE DONOR WISHES

Question 4

Who can be an attorney?

Answer 4

Anyone over the age of 18 as long as they have mental capacity.
cannot be subject to a debt relief order or bankrupt
Do not need to live in the UK or be a UK citizen

Question 5

How can attorney’s make decisions?

Answer 5

IF more than one
Joint and several- either individually or together
Jointly- all have to agree on decisions

Question 6

Who can remove/change attorney’s and how?

Answer 6

Donor- as long as they have mental capacity
they can remove an attorney- by sending to Office of Public Guardian- (OPG) a partial deed of revocation.

To change attorney's need to end it & set up a new one.
OPG- needs to be informed if attorney
changes name
changes address OR
dies

Question 7

How to end a LPA?

Answer 7

of the donor has mental capacity they can end it by

sending in the LPA and a deed of revocation to the Office of Public guardian

Question 8

What events could lead to the end of a LPA?

Answer 8

If attorneys are required to act jointly & there is only one.

• attorney loses mental capacity
• attorney & donor are married/civil partnership & they are getting divorced
• attorney of a P & F declared bankrupt or subject to a debt relief order
• attorney dies
• attorney removed by OPG due to mismanagement

Question 9

Rules for acting as an attorney as a Property & Financial Affairs LPA?

Answer 9

• keep their finances separate unless there is a joint bank account already
  -make gifts as if they were the donor on birthdays & anniversaries
  -donations to charity the donor would normally make
  -

Question 10

In what circumstances would the attorney need permission to make gifts under a P & F LPA?

Answer 10

• making interest free loans
• letting someone live in their property without paying mkt rent
• paying school or uni fees

Question 11

Rules for acting as an attorney as a Health & Welfare LPA?

Answer 11

attorney must check for any instructions regarding consent or refusal of treatment
Must decisions in the best interests of the donor

Question 12

What records must the attorney keep?

Answer 12

selling the home or consenting to treatment
must keep record of donors income, expenditure & assets
- anyone they asked for advice and any disagreements

Question 13

What expenses can the attorney claim?

Answer 13

• hiring a professional such as an accountant

- travel costs, stationary, postage and phone calls

Question 14

What is an enduring POA?

Answer 14

1985- enable to continue acting in the event of mental incapacity- before this it was a POA which ceased on mental incapacity.
Since October 2007- no new EPA’s.

Question 15

EPA rules?

Answer 15

attorneys must be aged 18+
established whilst the donor had full mental capacity
-satisfied EPA act of 1985 by using prescribed documents
- registered EPA with court of protection when donor started or lost mental incapacity
-

Question 16

EPA- what cant you do?

Answer 16

• make decisions about health & welfare

- make substantial or unusual gifts