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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Williams published
This book is now Out of Print.
A new edition has been published, the details can be seen here:
Lasting Powers of Attorney: A Practical Guide 3rd ed isbn 9781784460679

Lasting Powers of Attorney: A Practical Guide 2nd ed

ISBN13: 9781853286025
New Edition ISBN: 9781784460679
Previous Edition ISBN: 9781853285035
Published: September 2011
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print

The second edition of this popular guide to lasting powers of attorney has been fully updated to take account of all developments in the law and practice since 2007. The text has been substantially reworked and expanded to offer new chapters on the process of creating an LPA and the procedures for termination and revocation.

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 coverage and features new to this edition are:-

  • capacity to make an LPA following Re: Collis
  • summaries of Court of Protection judgments on severance of restrictions and conditions
  • guidance for donors, attorneys and certificate providers from the Public Guardian
  • the appointment of replacement attorneys
  • sample conditions and restrictions.
To assist advisers to give their clients full, rounded advice the author also offers practical guidance on the options available to a client wishing to make an LPA, including chapters on existing EPAs, advance decisions, Court of Protection deputies, and the Deprivation of Liberty Safeguards. 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. Information for attorneys
8. Drafting and execution
9. Registration
10. Attorneys and other decision makers
11. Resolving disputes
12. Challenges and termination
13. Restraint and abuse
14. Advance decisions to refuse medical treatment
15. Deprivation of Liberty Safeguards
16. Court of Protection deputies
17. Other relevant provision of MCA 2005
18. Enduring powers of attorney