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  • Cretney & Lush on Lasting and Enduring Powers of Attorney

Cretney & Lush on Lasting and Enduring Powers of Attorney

£85.00

The leading work on this difficult and developing area of law.

Paperback i

Book printed softcover

£85.00

Cretney & Lush on Lasting and Enduring Powers of Attorney is the leading work on this difficult and developing area of law.

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.

Who is the guide targeted to?
Private client, personal injury, clinical negligence and family barristers and solicitors; financial advisors and social services

  • 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
"...a masterly, well-structured and helpfully detailed account of the current law of lasting and enduring powers of attorney in England & Wales."
The Journal for the Law Society of Scotland
Read the full review

Reviews of the previous editions

"clear and detailed guidance to the law and procedure in this area..."
ACTAPS Newsletter

"has been greeted with enthusiasm by private client solicitors... it is hard to imagine a more thorough and complete guide than this work"
STEP Journal

"The real value of the book is in the detailed comments and clear explanations about specific technical areas... such clear information is invaluable to a busy practitioner... if I was to choose just one book on LPAs, this would be it"
The Law Society Probate Section Magazine
Can legal professionals do more to safeguard against the abuse of Lasting Powers?

There were 2,478,758 registered lasting and enduring powers of attorney as at 31 March 2017. During 2016/17 the OPG received 5,327 safeguarding referrals, but only investigated 1,266 cases, of which 272 resulted in an application to the Court of Protection. It would appear on the face of these statistics that few powers are abused. This of course is not the true picture, as with all types of abuse, a victim or whistle blower must come forward to report the abuse.
Extract taken from an article by Caroline Bielanska on behalf of Title Research, who offer specialist support for estate administration.

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