Subjects:

Wills and Probate

This book is a practitioner’s guide to the creation, interpretation and use of powers of attorney, written in a succinct and straightforward manner. The work begins with definitions and the scope of Powers of Attorney, before examining the duties of the parties involved and then specific situations in which Powers of Attorney can be used. It has been extensively updated to incorporate the Mental Capacity Act 2005 which has introduced the new Lasting Power of Attorney. It also includes the new rules for the Court of Protection, along with general updating of other secondary legislation and cases. Useful forms and precedents include over 20 forms of document for general use, ancillary documents for use by trustees, and more than 40 clauses for appointment, authority conferred, restrictions on authority, the manner of exercising powers and execution.

• A straightforward guide for both the general and more specialist practitioner
• Updated to include the new Lasting Power of Attorney
• Clarifies the role, powers and duties of donor, attorney and third parties
• Shows how Powers of Attorney are used in different situations, including land and companies
• Advises on drafting issues – and includes precedents
• Explains how powers of attorney interact with trusts law
• Reproduces relevant statutes, statutory instruments and rules so they can be consulted easily