When can an attorney make decisions about a person’s health and welfare?
Only when the person does not have the capacity to make those decisions themselves.
What types of decisions can an attorney make under health and welfare duties and powers?
Decisions about daily routine and care, including:
Washing
Dressing
Eating
Medical care
Living arrangements.
What is an attorney responsible for under property and financial affairs duties and powers?
Helping manage the donor’s:
Money and bills
Property and investments
Pensions and benefits.
How must an attorney manage a donor’s finances?
They must manage the finances in the donor’s best interests.
When can an attorney help make decisions about property and money?
They can help make decisions immediately.
When can an attorney make property and financial decisions without the donor’s permission?
Only when the donor loses mental capacity.
What happens to a Lasting Power of Attorney (LPA) if the donor loses mental capacity?
It is not revoked. The LPA continues to be valid if the donor loses mental capacity.
What are the two types of Lasting Power of Attorney (LPA)?
Property and Financial Affairs
Health and Welfare
When can a Property and Financial Affairs LPA be used?
It can be used while the donor still has mental capacity.
When can a Health and Welfare LPA be used?
It can only be used once the donor has lost mental capacity.
What must donors do to set up an LPA?
They must complete the documents for the type(s) of LPA they want to set up.
They can set up one or both.
Where must an LPA be registered?
With the Office of the Public Guardian (OPG).
What mental requirement must a donor meet to create an LPA?
They must have mental capacity when setting it up.
What does an LPA allow an attorney to do?
Make decisions on behalf of the donor if the donor loses mental capacity.
What confirmation is required to complete an LPA?
A certificate from a prescribed person confirming the donor understands the LPA.
Can a donor cancel an LPA?
Yes, they can cancel it at any time as long as they still have mental capacity.
What should happen when appointing a single attorney in an LPA?
A replacement attorney should be named, otherwise if the original attorney dies or becomes disqualified the LPA will lapse.
What happens if joint attorneys act jointly and one dies or becomes disqualified?
The LPA will lapse.
What does it mean if attorneys act jointly and severally?
They can make decisions together or individually, and if one dies or becomes disqualified the LPA can continue.
Why should a Will be reviewed regularly?
To ensure it still reflects the testator’s wishes.
How can reviewing a Will help prevent disputes?
It helps avoid disputes by ensuring the Will is clear and up to date.
Why is it important to review executors and trustees in a Will?
To ensure executors and trustees are still appropriate and able to act.
Why might family circumstances require a Will to be reviewed?
Changes such as marriage, divorce, grandchildren, or changes to beneficiaries may mean the Will needs updating.
Why should a Will be reviewed if financial circumstances change?
Because the testator’s financial position may change, affecting how assets should be distributed.