Powers of Attorney

Question 1

What is the acronym used to describe the duties of an Attorney?

Answer 1

ONKAAE

Question 2

Go on explain ONKAAE

Answer 2

Observe confidentiality
Not take advantage of their position
Keep their own monies separate from the Donor
Act within the scope of their powers
Act in the Donor's best interests
Ensure there is no conflict of interest

Question 3

Name 5 things an Attorney can do?

Answer 3

1. Deal with financial affairs
2. Dispose of property
3. Sign documents on Donor’s behalf
4. Make reasonable gifts
5. Make purchases on behalf of the individual

Question 4

What constitutes a seasonal gift?

Answer 4

An occasional or seasonal gift such as birthday or marriage. Gifts to charities are allowed if they have been made before.

Question 5

What about gifts to a Trust for IHT planning, are they allowed?

Answer 5

Not without the Courts permission

Question 6

Under an LPA the Donor can make an advance decision what does this mean?

Answer 6

Regarding life saving treatment (life support) decisions when they lose capacity. If an advance decision is made the Attorney cannot act under a personal welfare LPA.

Question 7

When there are two attorneys under an LPA, what decision does the donor have to make regarding decision making powers?

Answer 7

Whether the Attorneys have to act jointly or severally

Question 8

If a health and welfare LPA is made, what might a Donor want to do with regards to registering it?

Answer 8

Register it in advance in case of an emergency

Question 9

What are the conditions under which both an LPA and EPA can be revoked?

Answer 9

Attorney dies, is made bankrupt or becomes incapable. Divorce or dissolution of a CP where the Donor and Attorney are Spouses/CP’s.

Question 10

What happens to a personal welfare LPA if an Attorney is made bankrupt?

Answer 10

It remains in place as the bankruptcy only applies to property and financial LPA

Question 11

Does an EPA have to be registered with the OPG?

Answer 11

Only if Donor is losing or has lost mental capacity

Question 12

Does an LPA have to be registered with the OPG?

Answer 12

Yes in all cases even if Donor has mental capacity

Question 13

What are the notice requirements for an EPA?

Answer 13

35 days, Donor, Children, Spouse/CP and other family

Question 14

What are the notice requirements for an LPA?

Answer 14

35 days, at least 5 people to be notified

Question 15

Describe how somebody could use both an EPA and LPA simultaneously?

Answer 15

EPA for property and financial affairs and an LPA for health and welfare

Question 16

What has to be issued to a Donor when making an LPA?

Answer 16

A certificate showing they understand the LPA

Question 17

What format must the certificate of understanding be completed in?

Answer 17

A deed or section 10 short form

Question 18

Who issues the certificate of understanding?

Answer 18

The certificate provider (Solicitor or other person)

Question 19

An LPA must be signed by two people, who are they?

Answer 19

Donor and Attorney

Question 20

Once the certificate of understanding for an LPA has been issued, what must happen then?

Answer 20

It must be signed and witnessed