Flashcards in Power of attorney Deck (19)
What’s the difference between a general POA and a lasting POA
General POAS only last while the donor has mental capacity. Lasting will cover if they are not of sound mind.
What are the requirements for a POA
- attorney isn't bankrupt
- signed by the donor
-witnessed (if can’t sign then two witnesses required)
Can a POA be revoked if the donor changes their mind?
It can for a general one
Where does a Lasting POA need to be registered?
Office of public guardian
Lasting POA - who signs doc?
- certificate provider (this ensures donor understands)
Witnessed by 1 person
How long does it take for LOA to be registered?
8 to 10 weeks but could take longer
What happens if a attorney mistreats donor?
Unlimited fine/ up to 5 years in prison
Difference betweeen EPA and LOA
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
What are an attorneys duties:?
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
When can an attorney make gifts?
-charity, if donor would usually expect to
-cannot normally do IHT gifts unless court has given approval.
What is the mental capacity act 2005 trying to assess
Whether people can make decisions for themselves
What does the court of protection do?
-get involved when someone can’t make their own decisions
-can appoint deputy’s
-can remove deputy’s
-decide if LPA is valid
Difference between deputy and attorney
deputy have to be appointed by the court of protection
-can only do powers set out by the court of protection
What does the office of the public guardian do?
-maintaining a list of LPA
-maintaining a list of deputy appointed
-deals with complaints about deputy’s
What is a independent mental capacity advocate?
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
Mental health act, what is a guardian?
guardian can be appointed to make decisions about their care and can attend meetings etc
What are the two mental health act sections
-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)
-can be added to another 6 months
After care services, what applies re mental health act?
local authorities have to look after person after hospital
-not means tested