Power Of Attorneys Flashcards
What is the process to enable a family to manage someone’s financial affairs if they have lost mental capacity
Make an application
To the court of protection
To become a property and affairs deputy
Tell the person about the application and 3 other interested parties
The court will either approve the application, reject or request more info or hold a hearing
If approved they will send a court order which will tell the deputy what they can and cannot do
Then they can start to act
What are the drawbacks of being a deputy instead of an attorney
The deputy is limited to powers laid down by the court of protection and must make new application to cop if want to make a decision not included in the court order
There are fees involved making it more expensive - application fees a supervision fee and a security bond is also required
It can take a long time to arrange which can cause financial hardship
Deputy must liaise with the cop about investment decisions
A will cannot be made or updated
Gifts cannot be made for inheritance tax planning
Regular gifts can only be made if cop agree
Records must be kept and all decisions must be accounted for and submitted to oof every year
Important decisions must be discussed with the opk
When is a general POA withdrawn
On mental
Incapacity
What does an enduring power of attorney cover
Property and financial affairs only
When is a LPa revoked
Donors bankruptcy (not regarding welfare)
Death/ bankruptcy of attorney
Dissolution of marriage between donor and attorney
Attorneys incapacity
Who appoints a deputy
Court of protection
What are the requirements for a LPa to be valid
Donor and attorney 18+
The LPA must be In prescribed form
Must state they understand duties
Certificate from a prescribed person saying no fraud or undue pressure
Who might receive a partial refund for LPa/epa
Anyone who registered LPa or epa between 01/4/2013 and 31/03/2017
To reflect overcharging by office of public guardians
What are the duties of an attorney
Make decisions on donors best interests Make decisions authorized by LPa Consult with donor and interested parties Keep own money seperate Keep affairs confidential Ensure no conflict of interest Must get approval from cop for iht gifts
When do you register an epa
When donor is becoming mentally incapable
When do you register an LPa
Before mental incapacity
Donor or attorney must apply to the opg register
Who provides protection for those who lack capacity to make their own decisions
Court of protection
Office of public guardian
The independent mental capacity advocate
What are the 5 key principles for an attorney to follow
Every adult has the right to make their own decision. Assume they have capacity unless proven otherwise
An individual must be supported to make their own decision before being treated as though they are unable to make own decision
An individual is not to be treated as incapable because their decision is unwise
Everything done for someone who looks caoacity must be in their best interest
Where the decision is made for another individual follow the least restrictive principle. Consider whether you can make decisions in a way the would interfere less with rights and freedoms of the individual
What are the court of protection powers
Make decisions about property welfare or finances for someone lacking capacity
Appoint deputies if no LPa
Decide if LPa are valid
Remove deputies or attorneys who don’t carry out duties
Hear cases regarding objections to registrations of LPa
What is the role of the office of public guardian
Protect individuals lacking capacity from abuse
Register LPa and epa
Supervise deputies appointed by cop
Investigate concerns about attorneys and deputies
Provide admin support to cop
