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The fourth edition of this practical guide to lasting powers of attorney has been updated and expanded to take account of recent developments in settled and developing areas of law affecting LPAs.

Specific areas include:

• mental capacity assessments,
• making best interest decisions,
• GDPR and the Data Protection Act 2018,
• trust law revisions,
• making LPAs for specific groups,
• advance decisions and LPAs,
• choosing an attorney, and
• business LPAs.

The author provides guidance on making, registering and using LPAs, and making a deputy application. It also covers safeguarding and abuse concerns.

The appendix includes law and guidance such as Law Society practice notes, sample LPA clauses, a checklist for making a Business LPA and memorandum of wishes. It also includes how to make a Health and Welfare Deputyship Application and what to include in an Advance Decision.

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 BLPA;   12. Objections, challenges and revocations;   13. Advance decisions to refuse medical treatment;   14. Enduring powers of attorney;   15. Court of Protection deputies;   Appendices. 

About the Author

Craig Ward, Baron of Lundie, is a partner solicitor at Craybeck Law LLP and researcher. He speaks in the UK and internationally on mental capacity issues, business LPAs and compliance matters. He conducts research on a wide range of legal areas, and as a practising solicitor he advises on Court of Protection applications, trusts, wills and LPAs. Craig is also a member of the British Psychological Society, Solicitors for the Elderly and a visiting research fellow at King’s College London.