R05 Choosing care and powers of attorney: free practice questions

1. Question 1 of 5

   What are the two types of lasting power of attorney?

   Option A: Health and welfare, and property and financial affairsOption B: Enduring powers, and continuing powers of attorneyOption C: General powers, and specific powers for named decisionsOption D: Medical decisions, and pension decisions

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   The answer is A: Health and welfare, and property and financial affairs

   An LPA is either a health and welfare LPA or a property and financial affairs LPA. They are separate powers completed on separate forms.

   Why the other options are wrong

   B

   Enduring powers were replaced by LPAs; 'continuing powers' isn't an LPA type.

   C

   General and specific powers aren't the two types of LPA.

   D

   LPAs are divided into health and welfare, and property and financial affairs.

2. Question 2 of 5

   How do the two types of LPA differ in when the attorney can act?

   Option A: A registered financial LPA can be used at once; a health one only once capacity is lostOption B: A health and welfare LPA can be used at once, but a financial one only after deathOption C: Neither needs to be registered before the attorney can actOption D: Both can only be used after the donor dies, by the executors

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   The answer is A: A registered financial LPA can be used at once; a health one only once capacity is lost

   Once registered, a property and financial affairs LPA can be used immediately, even with the donor's capacity intact. A health and welfare attorney can only make decisions after the donor loses capacity.

   Why the other options are wrong

   B

   It's the other way round, and no LPA is used after death.

   C

   LPAs must be registered before they can be used.

   D

   LPAs end on death; they're used during the donor's lifetime.

3. Question 3 of 5

   Xavier has lost mental capacity and never made an LPA or EPA. His daughter needs to manage his finances to pay care fees. What must she do?

   Option A: Sign an LPA on his behalf, as she is his next of kinOption B: Ask the care home manager to act as his attorney insteadOption C: Simply use his bank card to pay the feesOption D: Apply to the Court of Protection for a Deputyship Order

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   The answer is D: Apply to the Court of Protection for a Deputyship Order

   An LPA can only be made by someone with capacity. Without one, a relative must apply to the Court of Protection for a Deputyship Order, which usually gives restricted authority and can take several months.

   Why the other options are wrong

   A

   An LPA can only be made by the donor while they have capacity; she can't sign one for him.

   B

   A care home can't become his attorney; a deputyship is needed.

   C

   Using his card without legal authority isn't a proper arrangement for managing his finances.

4. Question 4 of 5

   What is the role of the certificate provider when an LPA is made?

   Option A: To witness the attorney's signature and do nothing moreOption B: To register the LPA with the Court of Protection for the donorOption C: To confirm the donor understands the LPA and is not pressuredOption D: To act as a replacement attorney if needed

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   The answer is C: To confirm the donor understands the LPA and is not pressured

   The certificate provider is an important safeguard, confirming the donor understands the LPA and is not being pressured. Named persons notified on registration can also object.

   Why the other options are wrong

   A

   The certificate provider does more than witness a signature.

   B

   LPAs are registered with the Office of the Public Guardian, not by the certificate provider.

   D

   Replacement attorneys are named separately.

5. Question 5 of 5

   What is the current status of the lifetime cap on care costs proposed following the Dilnot Commission and the 2021 reforms?

   Option A: The means test upper threshold was raised to £100,000 in 2025Option B: An £86,000 cap has been in force across England since October 2023Option C: The cap was set at £35,000 from April 2016Option D: In July 2024 the Government said it would not take the proposals forward

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   The answer is D: In July 2024 the Government said it would not take the proposals forward

   The reforms, including an £86,000 cap and a £100,000 upper threshold, were delayed and then, in July 2024, the Government said it would not take them forward. The future of funding remains under debate.

   Why the other options are wrong

   A

   The £100,000 threshold was part of the proposals the Government didn't take forward.

   B

   The £86,000 cap was proposed but never brought into force.

   C

   A cap wasn't introduced from April 2016; the plans were delayed and then dropped.

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