Details
Examines the duties and responsibilities that will remain in relation to existing Enduring Powers of Attorney and the circumstances in which a Lasting Power of Attorney may be useful
Cretney & Lush on Lasting and Enduring Powers of Attorney is the leading work on this difficult and growing area of law. The 6th edition has been significantly updated and expanded to take account of the Mental Capacity Act 2005, which introduced the new Lasting Powers of Attorney. These enable the attorney to make personal welfare and healthcare decisions on behalf of the donor of the power, not previously possible with Enduring Powers of Attorney.
Uniquely, this work provides full guidance on both enduring and lasting powers of attorney. It examines the duties and responsibilities that will remain in relation to existing Enduring Powers of Attorney. It then goes on to look at the circumstances in which a Lasting Power of Attorney may be useful and the law and procedure relating to their creation and registration.
Cretney & Lush on Lasting and Enduring Powers of Attorney contains all relevant legislation, prescribed forms and commentary from a leading expert in the field.
Lasting Powers of Attorney
- The History of Enduring and Lasting Power of Attorney
- Difference between Enduring Powers of Attorney and Lasting Power of Attorney
- Capacity to Create a Lasting Power of Attorney
- Attorneys
- Named Persons
- Certificate Providers
- Execution of a Lasting Power of Attorney
- Application to register a Lasting Power of Attorney
- Objections to registration
- Functions of the Public Guardian
- Functions of the Court of Protection
- Fees and Costs
- Scope of Attorney's Authority
- Termination of Lasting Powers of Attorney
- The Code of Practice
Enduring Powers of Attorney
- Granting an Enduring Power of Attorney
- Action Required at Onset of Mental Incapacity
- The Authority and Powers of an Attorney Under an Enduring Power
- The Court of Protection and Enduring Power of Attorney
- Revocation, Disclaimer and Termination of Enduring Powers
- Appointment of more than one Attorney
- Protection of Third Parties
Appendices
- Statutes
- Statutory Instruments
- Lasting Power of Attorney forms
- Enduring Powers of Attorney forms
- Court Forms
- Guidance
- Case Reports
Denzil Lush, Senior Judge of the Court of Protection
"clear and detailed guidance to the law and procedure in this area ... easy to read commentary not only highlights the potential dangers but also how to avoid them ... Topical issues of significance are helpfully and comprehensively addressed by an eminent specialist in this field ... a valuable resource to practitioners"
ACTAPS Newsletter
"certainly be useful ... clear explanation of creation, process and dealing with problems"
SFE Newsletter
"the author expertise is legendary ... has been greeted with enthusiasm by private client solicitors ... excellent ... the book remains succinct and, above all, practical throughout... comprehensive in its coverage and suitable for both non-specialist practitioners dealing with powers of attorney for the first time, and for experienced lawyers who need to clarify more intricate points ... it is hard to imagine a more thorough and complete guide than this work"
STEP Journal
"The real value of the book is in the detailed comments and clear explanations about specific technical areas ... such clear information is invaluable to a busy practitioner ... if I was to choose just one book on LPAs, this would be it"
The Law Society Probate Section Mgazine
Reviews of Previous Editions
"A detailed, lucid and well-written guide ... remarkably user friendly ... could not be bettered"
Civil Justice Quarterly
"Comprehensive and well set out ... extremely useful"
Solicitors Journal
"There is a clear need for a guide to this expanding area of law and it is hard to imagine a team better qualified to write one than the authors of this book ... authoritative ... concisely and clearly written"
The Law Teacher
