B: Powers of attorney - created from Mind Map

Someone who has left the country for a long period

An elderly person who wants someone else to handle their affairs

Operating bank accounts

Paying bills

Buying/selling investments

- Powers of attorney act 1971 - Determines length of power & authority for intended transactions - Power withdrawn on mental incapacity of donor - Revoked on death, bankrputcy, or expiry of specified time period - Donor may cancel at any time

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Mental Capacity Act 2005 - into force 1st October 2007Revised the law on mental capacity and enduring powers of attorneyThe Enduring Powers of Attorney Act 1985Enables 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.

Lasting Power of AttorneyAn agreement where the donor may give the attorney power to make decisison about: their personal health & welfare (long-term care) their property & financial affairs Two seperate documents required if both are being effected.Must be registered with the Office of the Public Guardian asap.LPA must state: donor & attorney have read & understood prescribed info attorney understands their duty donor understands the LPA and there has been no fraud or undue pressure (certificate req'd from prescribed person) whether decisions about welfare extend to medical consent or not LPA is revoked on: donor's bankruptcy death or bankruptcy of the attorney dissolution of marriage/civil partnership between donor and attorney attorney's incapacity

Court of Protection can appoint a deputy to take care of a person who lacks capacity, where there is no EPA or LPA.Deputy cannot make settlements of person's property or exercise their powers as a trustee.Advanced medical decisions made when person had capacity and was over 18 are valid after loss of capacity

Powers of attorney

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