Topic module

1. Powers of Attorney, Deputies and Court of Protection

Advise on LPAs and existing EPAs, attorney powers, capacity, gifts, deputyship and Court of Protection applications.

Long-form learning
Concept to Risk to Memory to Check-up

How to study the CPQ Professional stage

Build the independent research and business-report skills required for P1, then prepare the work-relevant tasks in the one P2–P10 pathway on your record.

Core concepts

Concept 1

Health and welfare and property and financial affairs LPAs have different scope and activation.

Exam cue: Identify decision, capacity, existing authority and urgency.

Concept 2

Attorneys must act within authority, capacity principles, best interests and gift restrictions.

Exam cue: Check appointment, registration, joint-working terms and limits.

Concept 3

Deputyship and other Court of Protection applications require evidence, appropriate order and safeguards.

Exam cue: Choose the narrowest lawful application addressing the need.

Risk pitfalls and guardrails

Assuming an unregistered LPA can be used.

Guardrail: Do not study all nine pathways as mandatory, treat P1 as a timed exam, confuse passage with authorisation or rely on outdated law, tax, procedure or regulator guidance.

Treating family relationship as authority to manage property.

Guardrail: Do not study all nine pathways as mandatory, treat P1 as a timed exam, confuse passage with authorisation or rely on outdated law, tax, procedure or regulator guidance.

Making an unauthorised lifetime gift.

Guardrail: Do not study all nine pathways as mandatory, treat P1 as a timed exam, confuse passage with authorisation or rely on outdated law, tax, procedure or regulator guidance.

Memory anchors

LPA advice

Type, capacity, attorneys, operation, safeguards and registration.

Attorney decision

Authority, capacity, best interests, conflict and record.

Court application

Need, jurisdiction, evidence, order, notice and safeguard.

Checkpoint rule

Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.

Knowledge Check (after reading)

Short check-up to confirm understanding of this module.

Check-up Questions

1-2 question checkpoint

A client wants an attorney to manage investments only after capacity is lost. What should advice distinguish?

An LPA has been signed but not registered. The bank asks the attorney to sell shares. What is correct?

Answer all questions to submit.

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