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Flashcards in Power of attorney Deck (19)
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1
Q

What’s the difference between a general POA and a lasting POA

A

General POAS only last while the donor has mental capacity. Lasting will cover if they are not of sound mind.

2
Q

What are the requirements for a POA

A
  • over 18
  • mental capacity
  • attorney isn’t bankrupt
  • signed by the donor
  • witnessed (if can’t sign then two witnesses required)
3
Q

Can a POA be revoked if the donor changes their mind?

A

It can for a general one

4
Q

Where does a Lasting POA need to be registered?

A

Office of public guardian

5
Q

Lasting POA - who signs doc?

A
  • donor
  • attorney
  • certificate provider (this ensures donor understands)

Witnessed by 1 person

6
Q

How long does it take for LOA to be registered?

A

8 to 10 weeks but could take longer

7
Q

What happens if a attorney mistreats donor?

A

Unlimited fine/ up to 5 years in prison

8
Q

Difference betweeen EPA and LOA

A

EPA are old, although ones in force can continue Attorney acting an EPA cannot make health care decisions and would have to take out a LPA health and health care

EPA can be used before it is registered, unlike a LPA

9
Q

What are an attorneys duties:?

A

acting in donors best interests and considering their needs

  • not taking advantage of them
  • keeping their property separate
  • cannot make gifts except in certain situations
10
Q

When can an attorney make gifts?

A

birthdays etc

  • charity, if donor would usually expect to
  • cannot normally do IHT gifts unless court has given approval.
11
Q

What is the mental capacity act 2005 trying to assess

A

Whether people can make decisions for themselves

12
Q

What does the court of protection do?

A
  • get involved when someone can’t make their own decisions
  • can appoint deputy’s
  • can remove deputy’s
  • decide if LPA is valid
13
Q

Difference between deputy and attorney

A

deputy have to be appointed by the court of protection

-can only do powers set out by the court of protection

14
Q

What does the office of the public guardian do?

A
  • maintaining a list of LPA
  • maintaining a list of deputy appointed
  • supervises deputy’s
  • deals with complaints about deputy’s
15
Q

What is a independent mental capacity advocate?

A

appointed to represent someone who has no friends or family and make a decision for them
-only used for long term care or serious medical reasons

16
Q

Mental health act, what is a guardian?

A

guardian can be appointed to make decisions about their care and can attend meetings etc

17
Q

What are the two mental health act sections

A

Section 2

  • 28 days
  • can then be renewed for another 28 days
  • doctor (someone that knows them) and mental illness doctor have to see person within 14 days of section request (5 days between the meetings)

Section 3

  • 6 months
  • can be added to another 6 months
18
Q

After care services, what applies re mental health act?

A

local authorities have to look after person after hospital

-not means tested

19
Q

When setting up a new lasting power of attorney (LPA), the role of ‘certificate provider’ is to certify that the:

A

donor understands the LPA and is not being coerced.