Overview

This 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, enabling 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: Lasting and Enduring Powers of Attorney contains all relevant legislation, prescribed forms and commentary from a leading expert in the field.

Full Product Details

Author:   S.M. Cretney ,  Denzil Lush
Publisher:   Jordan Publishing Ltd
Imprint:   Jordans Ltd
Edition:   6th Revised edition
Dimensions:   Width: 15.60cm , Height: 3.40cm , Length: 24.60cm
Weight:   1.049kg
ISBN:  

9781846610820

ISBN 10:   1846610826
Pages:   646
Publication Date:   December 2008
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Out of Print
Availability:   Awaiting stock  

Table of Contents

Enduring Powers of Attorney: Enduring Powers of Attorney in Context; Granting an EnduringPower of Attorney; Action Required at Onset of Mental Incapacity; The Authority and Powers of anAttorney under an Enduring Power; The Court of Protection and Enduring Powers; Revocation,Disclaimer and Termination of Enduring Powers; Appointment of More Than One Attorney;Protection of Third Parties; The Duties of an Attorney under an Enduring Power; Solicitors andEnduring Powers; Trustees; Financial Abuse and Enduring PowersLasting Powers of Attorney: Characteristics and History of a Lasting Power of Attorney; Scope andRestrictions of the Attorney's Authority; Capacity to Create a Lasting Power of Attorney; Attorneys;Execution of a Lasting Power of Attorney; Certificate Providers; Named Persons; Application toRegister a Lasting Power of Attorney; Objections to Registration; Decision-Making by the Attorney;Termination of Lasting Powers of Attorney; Functions of the Court of Protection; Functions of thePublic Guardian; The Register; Guidance Issued by the Public Guardian; Fees; The Code ofPractice; Solicitors' Professional Conduct

Reviews

A detailed, lucid and well-written A... remarkably user friendly A... could not be betteredA (Civil Justice Quarterly)A Comprehensive and well set out A... extremely usefulA (Solicitors Journal)A 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 A...authoritative A... concisely and clearly writtenA (The Law Teacher)

Author Information

Denzil Lush, Senior Judge of the Court of Protection

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