ST C 9

Question 1

1. List three differences between an enduring power of attorney (EPA) and a lasting power of attorney (LPA).

Answer 1

• Attorneys under LPA must ‘have regard’ to the Code of Practice.
• Health and care decisions LPAs can makE decisions which go beyond the financial decisions covered under an EPA.
• LPAs have to be registered to have power; EPAs do not.
• LPAs include a much wider range of safeguards than EPAs - they are also much longer and more expensive to administer!

Question 2

2. Under the Mental Health Act 1983, when does a person come under the Court of Protection in England and Wales?

Answer 2

A person comes under the Court of Protection, under the Mental Health Act 1983 when:

• they lose mental capacity;
• they have no EPA; and
• they have assets which need to be used for their benefit e.g. selling a property.

Question 3

3. In Scotland, what are the two types of power of attorneys which continue to have an effect if a person becomes incapable?

Answer 3

The two types of power of attorneys in Scotla1nd which continue to have an effect if a person becomes incapable are:
• continuing power of attorney (for property or financial matters); and
• welfare power of attorney (for personal welfare).

Question 4

Which two Acts provide statutory rights to access medical information in England Scotland and Wales?

Answer 4

The two Acts are:
• Access to Medical Reports Act 1988; and
• Access to Health Records Act 1990.