Subjects:

Wills and Probate

Contents:

Enduring Powers of Attorney

Enduring Powers of Attorney in Context

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 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 and Enduring Powers

Trustees

Financial Abuse and Enduring Powers

Lasting Powers of Attorney

Characteristics and History of a Lasting Power of Attorney

Scope and Restrictions 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 to Register 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 the Public Guardian

The Register

Guidance Issued by the Public Guardian

Fees The Code of Practice Solicitors’

Professional Conduct

Cretney & Lush: 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, 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.