Mental Capacity Act 2005 - into force 1st October 2007

Revised the law on mental capacity and enduring powers of attorney

The Enduring Powers of Attorney Act 1985

Enables a person to hold an EPA which continues in event of mental incapacity of donor.

In order to qualify as an EPA the following requirements must be met:

established before 1st October 2007
established whilst individual had mental capacity
individual over 18 and not bankrupt
satisfied conditions of the Act
the attorney registers the EPA with Court of Protection when they believe the individual has lost or is starting to lose their mental capacity

Powers can be general or restricted and attorneys can be joint or individuals.

EPAs do not cover individual's attitude to health care provision.

The rules governing EPAs are set out in the Act. In general terms, attorneys are forbidden to use the power to make gifts.

The power can be revoked by the individual at any time but once it is registered, consent of the Court of Protection is required.

	Erstellt von Mark Varela vor etwa 10 Jahre

	Zu Notiz kopiert von Mark Varela vor etwa 10 Jahre

CII - Level 4 Diploma R01 - Financial services, regulation, and ethics (C3: Legal concepts and considerations relevant) Notiz am B: Powers of attorney - created from Mind Map, erstellt von Mark Varela am 31/03/2014.