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A Practitioner's Guide to Powers of Attorney, 8th Edition

A Practitioner's Guide to Powers of Attorney, 8th Edition

Author: John Thurston
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781847669285
Published In: February 2012
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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A Practitioner’s Guide to Powers of Attorney, Eighth Edition is a practical, user-friendly and easy to read guide to all forms of power of attorney including ordinary power of attorney, lasting power of attorney and enduring power of attorney.

Offering a detailed overview of the subject as a whole, this book also provides in-depth advice on more specific and complex areas including execution of documents and protection of third parties.

Fully up to date with the latest legislation and case law, this new edition responds to questions, such as:

Can you modify the circumstances in which the appointment of replacement attorneys become effective, or are you bound by what is in the Act?
Can you extend the power of attorneys to make gifts?
Can the donor authorise an attorney to change the will of the donor?
If two or more attorneys are appointed jointly and severally, can the donor require two attorneys to make some decisions?
Can a donor require an attorney to obtain the consent of a third party to a transaction?
If a partner in a limited liability partnership is appointed as attorney, can an employee of the firm give the certificate?
How will the court deal with objections to the registration of a power?
This is an invaluable handbook for solicitors, legal executives, accountants, will writers, licensed conveyancers, banks and building societies, and anyone who is acting under a power of attorney and needs to know their powers, duties and rights.

Chapter 1: Introduction; Chapter 2: Mental Capacity Act 2005; Chapter 3: Lasting Powers of Attorney – Formalities, Registration, Revocation; Chapter 4: Enduring Powers of Attorney; Chapter 5: Ordinary Powers of Attorney; Chapter 6: Capacity of Donor and Donee; Chapter 7: Extent of the Authority; Chapter 8: Duties and Rights of Attorneys and Deputies; Chapter 9: Duration and Termination of Powers of Attorney; Chapter 10: Rights and Liabilities of Donor, Donee and Third Parties; Chapter 11: Protection of Third Parties and Subsequent Purchasers; Chapter 12: Execution of Documents, Conveyancing and Grants of Representation; Chapter 13: Deputies; Chapter 14: Wills; Chapter 15: Capacity and Power to Make Gifts; Chapter 16: Procedure in the Court of Protection; Appendix 1: Lasting Power of Attorney Instruments; Appendix 2: Other Forms; Appendix 3: Precedents.

John Thurston, LLB, TEP, Solicitor practices in the law relating to wills, trusts, taxation, powers of attorney and elderly clients. He frequently presents courses for Progressive Legal and MBL Seminars and local law societies. He is also the author of A Practitioner’s Guide to Trusts, A Practitioner’s Guide to Inheritance Claims and A Practitioner’s Guide to Executorship and Administration, all published by Bloomsbury Professional. John Thurston also works as a consultant.