Adviser And Client Relationship

Question 1

Which is correct regarding a contract that is voidable?

A. It is treated as though it never existed
B. It will remain in force unless cancelled at the agreement of both contracting parties
C. It will remain in force unless cancelled by one of the contracting parties

Answer 1

It will remain in force unless cancelled by one of the contracting parties

Question 2

Mark the following statements regarding an enduring power of attorney (EPA) as True or False.

A. If required, it can be used before the donor loses mental capacity
B. It covers both property and financial affairs and health and welfare
C. It must always be registered with the Court of Protection before it is used
D. It allows the attorney to make usual gifts and transfers

Answer 2

True
False
False
True

Question 3

Which is correct regarding a lasting power of attorney (LPA)?

A. A property and financial affairs LPA can only be used after the donor has lost mental capacity
B. A health and welfare LPA can only be used after the donor has lost mental capacity
C. Provided the donor still has mental capacity, an LPA can be used before being registered with the court

Answer 3

A health and welfare LPA can only be used after the donor has lost mental capacity

Question 4

What is the maximum jail sentence for someone found guilty of ill-treatment or wilful neglect of a person who lacks capacity?

A. 2 years
B. 3 years
C. 5 years

Answer 4

5 years

Question 5

Where there is no enduring or lasting power of attorney in place where an individual has lost mental capacity, the OPG will usually appoint a deputy where:

A. The individual has more than £10,000 in cash after settlement of debts
B. There is no Independent Mental Capacity Advocate to represent the individual
C. The individual’s liabilities exceed their assets

Answer 5

The individual has more than £10,000 in cash after settlement of debts