Power Of Attorney Jargon Buster
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Power Of Attorney Jargon Buster
See a breakdown below of some of the terms used when discussing matters relating to Powers Of Attorney.
Advance decision to refuse treatment
This is to ensure that someone has not put the Donor under pressure to make the Lasting Power of Attorney. The Donor can decide to refuse future medical treatment but only when they hold mental capacity.
This is an individual who is given power to act on a Donor’s behalf through a Lasting Power of Attorney.
If the Attorney does anything on behalf of the Donor under the Lasting Power of Attorney it must be in the Donor’s best interests. This requires the Attorney to think about what is best for the Donor, not what other people want.
This relates to the mental capacity of an individual to make a particular decision at a particular time. This is taken into account when the Lasting Power of Attorney is registered.
This is someone who the Donor chooses to confirm that they understand the Lasting Power of Attorney and the effect it has. It ensures that the Donor is not put under pressure to make the Lasting Power of Attorney and that there is no fraudulent activity.
Court of Protection
This is a specialist Court that deals with cases relating to capacity issues.
This is an individual appointed by the Court of Protection to deal with a specific issue or range of issues to help a person lacking mental capacity that does not have an Attorney.
This is an individual who appoints an Attorney by making a Lasting Power of Attorney.
Enduring Power of Attorney
These are the old versions of the Lasting Power of Attorney. They were replaced by Lasting Power of Attorney on the 1st October 2007. Existing Enduring Power of Attorneys are still valid but new ones cannot be made.
Health and Personal Welfare Lasting Power of Attorney
This relates to decisions about health and personal welfare.
Lacking Mental Capacity
If a person lacks mental capacity, they cannot make a particular decision at the time it needs to be made, because the way their mind or brain is working is affected. A Lasting Power of Attorney can only be made if the person has mental capacity.
Lasting Power of Attorney
This is a legal document where a Donor appoints an Attorney to make decisions for them in the future. There are two types; Health and Welfare Lasting Power of Attorney and Property and Financial Affairs Lasting Power of Attorney.
Mental Capacity Act
This legislation supports those who lack mental capacity to make their own decisions.
Property and Financial Affairs Lasting Power of Attorney
This Lasting Power of Attorney relates to decisions about financial matters.
People to be told
When a Lasting Power of Attorney is created, there is an obligation to tell up to 5 people that an application is being processed. This is to ensure that the Donor has not been put under pressure to create the Lasting Power of Attorney.
Public Guardian/Office of the Public Guardian
This organisation keeps a register of, and investigates any concerns raised in relation to Attorneys and Deputies. They also provide general information about Lasting Power of Attorneys.