Transcript External Learning Needs First Draft

Recognising a valid LPA, EPA
and court order
- property and finance
Aims
By the end of this short session you will be able to:
• understand why a person will use a legal document (LPA, EPA,
& court of protection order) and the process they go through to
get one
• identify a registered legal document and check its validity
• understand the different ways that attorneys and deputies can
be appointed to make decisions for someone else
Introduction
The Mental Capacity Act allows a person to make
decisions on behalf of someone else who needs help to
make decisions.
This includes but is not limited to people:
•
with dementia
•
injured in an accident
•
with a condition or illness from birth
Introduction
If someone is legally acting on behalf of a person they have either:
Lasting Power of Attorney
(LPA)f
Court of Protection (Court Order)
•Has to be created with mental
capacity
•A 3rd party has been granted the
ability to make decisions on behalf
of someone else
•There are two versions,
- Health and Welfare
- Property and Financial
•Usually only given for property
and financial affairs
Enduring Power of Attorney
•Has now been replaced by the
LPA but can still be used
What’s the difference?
Donor
Attorney
With the
lasting power
of attorney it is
the donor who
decides who
should make
decisions for
them (attorney)
The donor
must have
mental capacity
to make an
LPA.
With a court
order a 3rd
party (deputy)
that applies to
the Court of
Protection for
permission to
manage the
affairs of
someone
lacking mental
capacity
(client).
Client
Deputy
What’s the difference? (part 2)
Applications to register an LPA or
EPA are made through:
Applications to the Court of
Protection for a deputyship order
are made through:
[email protected]
[email protected]
Telephone:
Fax:
Telephone:
0300 456 4600
Out-of-hours emergency applications
Telephone:
020 7947 6000
0300 456 0300
0870 739 5780
Expectations
Attorneys and deputies will expect an organisation
to:
• treat them as though they are the person they are
representing
• have a clear policy for accepting legal documents
(check yours!)
• to be referred to the most appropriate member of
staff to deal with their query
• to be given clear advice about how to give or receive
information
Expectations
Your organisation can expect attorneys and
deputies to:
• show you ID to prove that they are the named
attorney or deputy
• show you a hard copy of the LPA or court order
• to understand their duties and responsibilities under
the Mental Capacity Act
Expectations
Becoming an attorney can be a
stressful and emotional time. It
often means that the new
attorney is having to deal with a
family member or close friend
losing mental capacity and
becoming unable to look after
themselves as they used to do
Think how your bank can best
support this person, and make
the process as simple as possible
to navigate
The customer journey- LPA
The donor
completes a blank
LPA form (LPA117).
This can be done
via gov.uk/power-ofattorney or on a
paper form
The LPA117 is sent
to the OPG by
either the donor or
attorney with the
£110 fee
The OPG checks
the LPA117 and if
correct will validate
with a stamp. The
LPA117 will be
returned within 8
weeks
Recognising a valid lasting power of attorney
Example 1
New forms introduced in 2009
The Office of the Public Guardian logo
is interchangeable with the new
design (2014)
A registered document will feature the
VALIDATED-OPG stamp, perforating
every page of the document
Recognising a valid lasting power of attorney
Example 2
Pre October 2009 forms featuring old
form of validation (up to 31 August
2009)
The date of registration will be
stamped in the top right of the front
cover
A registered document will feature this
large holographic sticker on the front
page and smaller holographic stickers
on all following pages
Recognising a valid lasting power of attorney
Example 3
Pre October 2009 forms featuring new
form of validation (i.e. registered after
31 August 2009)
The date of registration will be
stamped in the top right of the front
cover
A registered document will feature the
VALIDATED-OPG stamp, perforating
every page of the document
Recognising a valid enduring power of attorney
Recognising a valid enduring power of attorney
Example 6
EPA form validated before October
2007
The date of registration will be
stamped in the top right of the front
cover by the Court of Protection
A registered document will feature the
Court of Protection stamp
Other things to consider – LPA & EPA
Not all LPAs look the same
The LPA and EPA are documents tailored to a person’s wishes. You will find
differences between each document you come across, some of which may
affect your organisation’s response. For example:
Bob has asked his wife Janet to be his only attorney for property and financial
affairs. He trusts her to make all decisions for him but has included a restriction
that tells Janet how he wants to manage his finances. These wishes are
recorded on Page 6 of his LPA.
Sabeena has asked her two sons to be her attorneys for property and finance.
She has asked them to work together on all decisions (Page 5), and added a
restriction saying that she only wanted the LPA to start being used if a GP
determined she no longer had mental capacity (Page 6). The P&F LPA allowed
Sabeena to specify on Page 6 that she wants her money to be saved in a
certain investment portfolio.
Other things to consider – LPA & EPA
When checking an LPA or EPA remember that:
• photocopies are valid as long as they have been certified by the donor or a
solicitor
• the LPA may contain restrictions and guidance that outline the wishes of the
donor. Check this to ensure that an attorney is acting correctly.
• restrictions – must be kept to by the attorney
• guidance – should be followed where possible
• when signing the LPA, attorneys have agreed to follow the rules of the Mental
Capacity Act. It is the responsibility of attorneys and not your organisation to
control use of the LPA. For example if two attorneys have been appointed to
work together on all decisions, in principle the bank should trust the attorneys
with online banking to make decisions as attorneys from home
• if you have any questions or concerns about how an attorney or deputy is
running your customer’s account, call the Office of the Public Guardian –
0300 456 0300
Recognising a valid court order
Example 7
Each court order will be unique in
what it covers
A date stamp must be shown as
demonstrated in this specimen for the
court order to be valid
A unique reference number is shown
in the top right of the document
Other things to consider – court order
When checking a court order remember that:
• photocopies are valid if certified by a solicitor
• court orders are often given for a limited period of time. The court
order will specify this
• the court order will also specify the extent of decision making that can
be made by a deputy. The court order is typically much more
prescriptive than the LPA or EPA
• if you have any questions or concerns about how a legal document is
being used, call the Office of the Public Guardian – 0300 456 0300
Further information
Office of the Public Guardian - gov.uk/OPG
Court of Protection
- gov.uk/court-of-protection
Guidance for people wanting to manage a bank account for someone
else:
bba.org.uk/publication/leaflets/4162-2/
If you have any questions or concerns about how an attorney or deputy is
running your customer’s account, call the Office of the Public
Guardian– 0300 456 0300