Details
Cretney & Lush on Lasting and Enduring Powers of Attorney provides full guidance on both enduring and lasting powers of attorney. The 9th edition has been significantly updated and expanded and includes coverage of:
- The OPG's new online verification service, launched in July 2020, which enables attorneys to prove their status to service providers, such as banks or healthcare providers, by providing them with online access to a summary of the relevant LPA
- OPG's plans for modernization of LPAs
- The increasing relevance and importance of international aspects of LPAs as people's lives become more global and individuals lose capacity with assets in different jurisdictions
- More detail on dealing with errors in LPAs both before and after registration.
Cretney & Lush provides a readable and accessible source of advice, not only for specialist practitioners, but for private client practitioners, personal injury and family lawyers and financial advisers, as well as health and social services professionals.
Part I Lasting Powers of Attorney – the History of Enduring and Lasting Powers of Attorney; Differences between Enduring Powers of Attorney and Lasting Powers 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 the Attorney’s Authority; Termination of Lasting Power of Attorney; The Code of Practice
Part II Enduring Power of Attorney – Granting an Enduring Power of Attorney; Action Required at Onset of Mental Incapacity; The Authority and Power of an Attorney under an Enduring Power of Attorney; 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; Recognition and enforcement of foreign orders
Appendices – Statutes; Statutory Instruments; Lasting Power of Attorney Forms; Enduring Power of Attorney Forms; Court Forms; Guidance; Case Reports; Precedents
Denzil Lush Senior Judge of the Court of Protection
Reviews of Previous Editions
"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
"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
