This website works best using cookies. Please allow our site to use cookies.
More Info

Please be informed that if you have visited this site before from this browser, with cookies enabled in browser settings, then some of the cookies from this site might be stored in your browser. Please use the browser tools if you wish to delete them. The following cookies are being used in the site.
This cookie is placed if you click the Allow button above. It tells us that you have given your consent to the use of cookies on our site and stops this message from displaying.

Cookies used: allowCookies
These cookies allow us to count page visits and traffic sources so that the performance of the site can be measured and improved, using a service provided by Google Analytics.

Cookies used: __utma, __utmb, __utmc, __utmz
These cookies are used to enable the core site to function. Some of these may have been set when you opened the site. They do not contain any personal information.

Cookies used: JSESSIONID, X-Mapping-kcepobcd, SecureSessionToken

Advanced Search

My Basket

Your basket is empty
£0.00

Publications


Gifts


Free Publicity Materials


DAC User Tested Logo
Lasting Powers of Attorney


£59.95


Wills and probate


In stock


1 October 2016


Law Society Publishing


9781784460679


Paperback
234 x 156 mm
496 pages

Lasting Powers of Attorney
A Practical Guide, 3rd edition

Craig Ward

Overview

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.


Contents

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.
Appendix:
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.

About the Author

Craig Ward is a consultant solicitor, writer and researcher. He has an MSc in applied health research from King's College London and a BA(Hons) in psychology. He is a member of SFE and the British Psychological Society. He is also visiting research fellow at King's College London.