Powers of Attorney Flashcards
What legal document is used to set up a POA and who does it give power to?
Deed
The attorney - similar role to a trustee
What can’t an LPA attorney do?
Give away property, unless the Deed specifically allows it.
Use the donees Powers of Trustee or Personal Representative
What are the requirements to set up a POA?
Documented - Signed and Witness.
Can someone who lacks mental capacity complete a LPA?
No.
How do attorneys prove they have authority to act?
Produce original or copy certified by allowable (Doctor, IFA, Solicitor etc).
When can a Power of Attorney (POA) rights be revoked?
(Quick Fire x8)
Removed by donor
POA is divorced from donor
Bankruptcy or debt relief order by POA (For Financial Variant only)
POA refuses to act and/or resigns
POA dies or can no longer act (capacity)
POA is shown to be abusing power
Office of Public Guardian removes her
What happens if an attorney acts when they were not aware powers had been revoked?
Transactions still valid but no one liable.
When can an Attorney make gifts
(Quick Fire x3)
To a dependent
Gifts on marriage, birthday, Christmas if normally done
Charity if normally done
* Can’t make gifts for IHT Planning or to set up trusts without permission from the Court of Protection
What is the purpose of the Court of Protection and a Deputy?
To protect the interests of people who lack capacity to act for themselves.
Can appoint a deputy in the absence of a LPA - Limited Powers + More expensive than a POA.
What are the five principles of the mental capacity act 2005?
(Assume + Help + Irrational + Best + Least)
(1) Assumed to have capacity unless proved otherwise
(2) Must be given all help before been treated as not capable
(3) Everyone has the right to make irrational decisions
(4) Must be done in their best interests
(5) Actions should be the least restrictive of their rights and freedoms
What are the two types of LPA?
Property and Financial Affairs
Health and Welfare
What are the requirements to make an LPA valid?
Donor + Attorney age 18 and not bankrupt
Power complies with the act
Must state both have read it and attorney understands duties
How do you register a LPA?
Complete LPA form and return to Office of Public Guardian.
What is a Jointly LPA / POA
This means all POA must agree to make a decision.
Quirk - If one POA dies on Jointly the LPA fails.
What is a Jointly and Severally LPA / POA
POA can make decisions together or on their own.
