Topic 15 Flashcards
Poa revoked when
Person loses mental cap Dies Doner revokes it Bko Time limit
Typical power of attorney powers include
Sign doc on behalf of doner
Fin affairs
Purchases
Dispose of property by making usual gifts- can’t make large or unusual gifts
Enduring poa for what
Need to do what
To cont when donor become mentally incapable
Must reg with office of public guardian
When epa reg with opg, who must be informed?
The doner and at least 3 other relative which are mentally capable and 18
If 1 person in a category is notified, all others in that cat must be eg all children
Mental cap,act 2005 did what?
Replace epa with lpa
Made it poss to make adv dec to refuse treatment should they lack capacity in future
How does lpa differ mainly from epa?
LPA can be arranged in 2 forms
Personal welfare
Property and affairs- like epa
How else does an lpa differ from epa?
Only come into operation when reg with office of pub guadian
Propert and affairs lpa can be reg at any time
Pers welfare- attorney can only make decision if donor lose mental cap and lpa reg
What safeguards did the act introduct?
New Court of protection- make declaratins about whether someone lacks capacity
New public guardian
Ind mental cap advocate- some1 to support person who lacks cap
2 New criminal offence- ill treatment and willful neglect of spanner
In law the acts of an agent are…
Treated of being those of the principle
Apparent auth is
Something done or said by principle gave impression agent was auth
Ratification is
Agent exceed auth, byt principle agrees after event
Fin advisors who are company reps of product provider- tied are acting as agents for…
Product provider
Ifa acts as agent for…
Consumer who seeks their adv
Joint tenancy
Technically they each own whole of property
On death right to survivorship applies
Tft to other is auto and cannot be overridden in will or intestacy
Tenancy in common
Define share
Used if want to leave share to some1 other than joint owner
Ie IHT planning
