By John Thurston
A Practitioner's Guide to Powers of Attorney, Ninth Edition is a practical, user-friendly and easy to read guide to all forms of power of attorney including ordinary power of attorney, lasting power of attorney and enduring power of attorney.
It is the only book on the market to include the changes made by the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015.
Offering a detailed overview of the subject as a whole, this book provides in-depth advice on more specific and complex areas including execution of documents and protection of third parties.
Fully up-to-date with the latest legislation and case law, the ninth edition responds to questions, such as:
- Can you modify the circumstances in which the appointment of replacement attorneys become effective, or are you bound by what is in the Act?
- Can you extend the power of attorneys to make gifts?
- Can the donor authorise an attorney to change the will of the donor?
- If two or more attorneys are appointed jointly and severally, can the donor require two attorneys to make some decisions?
- Can a donor require an attorney to obtain the consent of a third party to a transaction?
- If a partner in a limited liability partnership is appointed as attorney, can an employee of the firm give the certificate?
- How will the court deal with objections to the registration of a power?
2: Mental Capacity Act 2005
3: Lasting Powers of Attorney - Formalities, Registration, Revocation
4: Enduring Powers of Attorney
5: Ordinary Powers of Attorney
6: Capacity of Donor and Donee
7: Extent of the Authority
8: Duties and Rights of Attorneys and Deputies
9: Duration and Termination of Powers of Attorney
10: Rights and Liabilities of Donor, Donee and Third Parties
11: Protection of Third Parties and Subsequent Purchasers
12: Execution of Documents, Conveyancing and Grants of Representation
15: Capacity and Power to Make Gifts
16: Procedure in the Court of Protection