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Vol 22 No 12 Dec 17/Jan 18

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Lasting Powers of Attorney: A Practical Guide 3rd ed

ISBN13: 9781784460679
Previous Edition ISBN: 9781853286025
Published: October 2016
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: £59.95

In stock.

The third edition of this popular practical guide to lasting powers of attorney has been updated and expanded to take account of all developments in the relevant law and practice since 2011.

The author draws on his experience of making LPAs and the guidance in the Code of Practice, from the Public Guardian, the Law Society and Solicitors for the Elderly to focus on the practical issues for advisers and highlight potential pitfalls.

Among the issues covered in this edition are:-

  • LPAs for business owners
  • Law Society Meeting the Needs of Vulnerable Clients Practice Note
  • Challenging attorneys
  • Health and Welfare deputies.
To help lawyers to give their clients full advice, the author also offers guidelines on existing EPAs and advance decisions.

The appendix contains law and guidance relevant to advisers, including extracts from the Code of Practice, statutory extracts, and Practice Notes from the Law Society.

Wills and Probate
1. Introduction;
2. MCA 2005 principles;
3. Assessment of mental capacity;
4. Best interests;
5. Taking instructions;
6. Advice to the donor;
7. Drafting, execution and registration;
8. Resolving disputes;
9. Attorneys and other decision-makers;
10. Business lasting powers of attorney;
11. Drafting a business lasting power of attorney;
12. Objections, challenges and revocations;
13. Advance decisions to refuse medical treatment;
14. Enduring powers of attorney;
15. Court of Protection deputies.

A. Mental Capacity Act Code of Practice, Chapter 7;
B. Law Society Practice Note: Lasting powers of attorney;
C. Law Society Practice Note: Powers of attorney for banking;
D. Case law summaries – severance of restrictions and conditions;
E. Business attorney roles and responsibilities;
F. Directors making business lasting powers of attorney;
G. Law applicable to business lasting powers of attorney;
H. Health and welfare deputy applications;
I. Advance decision.