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Cretney & Lush on lasting and enduring powers of attorney
Author(s)Denzil Lush
PublisherJordans, Bristol, 2009
Pages606 pp
SourceJordan Publishing Ltd., 21 St Thomas Street, Bristol BS1 6JS. Website: www.jordanpublishing.co.uk
KeywordsCourt of protection ; Law.
AnnotationThe previous edition was published in 2001 as 'Cretney & Lush on enduring powers of attorney'. This is the standard work on the subject, the main legislation being the Powers of Attorney Act 1971, the Enduring Powers of Attorney Act 1985, and the Mental Capacity Act 2005. Their texts (as amended in the case of first two Acts) are included in the Appendices, together with the related Rules and Regulations, and leading case reports. It has not been possible to create an enduring power of attorney (EPA) since 1 October 2007, when the 2005 Act came into force, although an attorney can still apply to register an EPA that was executed before then. EPAs have been superseded by lasting powers of attorney (LPAs). This book's title thus reflects the change, and is arranged in two parts. Chapters in Part I, Lasting powers of attorney include: 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; functions of the Public Guardian and the Court of Protection; fees and costs; scope of the attorney's authority; and the Mental Capacity Act 2005 Code of Practice. Part II, Enduring powers of attorney, covers: granting an enduring power of attorney; action required at onset of mental incapacity; the authority and powers of an attorney under an enduring power; the Court of Protection and enduring powers; revocation, disclaimer and termination of enduring powers; appointment of more than one attorney; and protection of third parties. Appendices also include examples of forms used. (RH).
Accession NumberCPA-090508001 B
ClassmarkJVC: VR

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