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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

-over 18
-mental capacity
- 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?

birthdays etc
-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
-supervises deputy’s
-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

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


After care services, what applies re mental health act?

local authorities have to look after person after hospital
-not means tested


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

donor understands the LPA and is not being coerced.