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Cretney & Lush on Lasting and Enduring Powers of Attorney 8th edition

The leading work on this difficult and developing area of law.
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£85.00
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Free delivery for UK
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ISBN/ISSN: 9781784733766

Product description

Why should you buy Cretney & Lush on Lasting and Enduring Powers of Attorney

The 8th edition has been significantly updated and expanded and includes:

  • The 2015 prescribed LPA forms and regulations
  • Emanating case-law, including capacity to revoke LPAs and EPAs
  • New chapter of severance cases
  • Extended precedents chapter
  • Extended chapter on the duties of attorneys, covering maintenance and family care payments
  • New section containing Law Society Practice Notes
  • Comparison of former and current OPG guidance

Uniquely, this work provides full guidance on both enduring and lasting powers of attorney. It looks in detail at Lasting Powers of Attorney and the law and procedure relating to their creation and registration, and examines the duties and responsibilities that will remain in relation to existing Enduring Powers of Attorney. Cretney & Lush on Lasting and Enduring Powers of Attorney contains all relevant legislation, prescribed forms and commentary from leading experts in the field.

Foreword

I began preparing Enduring Powers of Attorney for clients on Monday 10 March 1986 – the day that the Enduring Powers of Attorney Act 1985 came into force – and must have drawn up hundreds of them while I was still a solicitor in private practice.

In April 1996 I was appointed as Master of the Court of Protection. My job title changed to Senior Judge when the Mental Capacity Act 2005 (MCA) was implemented in October 2007, and I retired in July 2016. During those 20 years at the court I adjudicated on issues relating to over 1,000 Enduring Powers of Attorney (EPAs) and over 5,000 Lasting Powers of Attorney (LPAs).

In addition to 30 years’ experience of dealing with powers of attorney, both as a practitioner and a judge, I have also been one of the authors of this book, but I have never made an EPA or LPA myself, and an explanation is both due and overdue. Read the full foreword...

Preface

I intend this to complement Denzil’s Foreword, which at first blush may appear to fly in the face of a book about enduring and lasting powers of attorney.

I have concerns about the path the Office of the Public Guardian (OPG) is travelling. The 2015 lasting power of attorney prescribed forms marked a sharp deviation in direction for the OPG: moving away from the Law Commission’s vision for the replacement to the enduring power regime. Read the full preface...

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Table of contents

  • Foreword
  • Preface
  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • PART I LASTING POWERS OF ATTORNEY
    • The History of Enduring and Lasting Powers of Attorney
    • Differences between Enduring Powers of Attorney and Lasting Powers of Attorney
    • Capacity to Create a Lasting Power of Attorney
    • Attorneys
    • Named Persons
    • Certificate Providers
    • Execution of a Lasting Power of Attorney
    • Application to Register a Lasting Power of Attorney
    • Objections to Registration of a Lasting Power of Attorney
    • Functions of the Public Guardian
    • Functions of the Court of Protection
    • Fees and Costs
    • The Scope of the Attorney’s Authority Under a Lasting Power
    • Revocation, Disclaimer and Termination of Lasting Powers of Attorney
    • Lasting Power of Attorney Precedents
  • PART II ENDURING POWERS OF ATTORNEY
    • Granting an Enduring Power of Attorney
    • Onset of Mental Incapacity and Functions of the Public Guardian
    • The Scope of the Attorney’s Authority Under an Enduring Power
    • The Court of Protection and Enduring Powers of Attorney
    • Revocation, Disclaimer and Termination of Enduring Powers
    • Appointment of More Than One Attorney
    • Protection of Third Parties
    • The Code of Practice
    • Private International Law
  • Appendices
    • Statutes
    • Statutory Instruments
    • Lasting Power of Attorney Forms
    • Enduring Power of Attorney Forms
    • Court Forms
    • Guidance
    • Case Reports
    • Severance Decisions Made by the Court – Lasting Powers of Attorney Cases
    • Law Society Practice Notes
  • Index
Read the full contents