A Practitioner's Guide to Powers of Attorney

by John Thurston

Overview

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?

Product Details

ISBN-13:	9781784511043
Publisher:	Bloomsbury Publishing
Publication date:	05/03/2016
Sold by:	Barnes & Noble
Format:	eBook
Pages:	424
File size:	5 MB

About the Author

John Thurston, LL.B., TEP, solicitor is an expert in the law relating to wills, trusts, taxation, powers of attorney and elderly clients. He frequently presents continuing education courses for commercial providers and local law societies.

He is also the author of A Practitioner's Guide to Trusts, A Practitioner's Guide to Inheritance Claims , A Practitioner's Guide to Executorship and Administration and Estate Planning for the Middle Income Client all published by Bloomsbury Professional. He is also on the editorial board of Trust Law International.
John Thurston, LL.B., TEP, solicitor. He is particularly interested in the law relating to wills, trusts, taxation, powers of attorney and elderly clients. He frequently presents continuing education courses for commercial providers and local law societies. He is the author of “A Practitioner's Guide to Powers of Attorney”, “A Practitioner's Guide to Trusts”, “A Practitioner's Guide to Inheritance Claims” , “A Practitioner's Guide to Executorship and Administration” and “Estate Planning for the Middle Income Client” all published by Bloomsbury Professional. He is also a contributor to “Tolley's Administration of Trusts” and “Tolley's Administration of Estates”, and contributed a section to “Tax Efficient Will Drafting” published by LexisNexis Butterworths. He is also a consultant. He lives in Lincolnshire and has various outside interests such as astronomy, walking particularly in the Lake District, and teaching himself how to play the saxophone.

Table of Contents

Chapter 1 Introduction
Chapter 2 Mental Capacity Act 2005
Chapter 3 Lasting Powers of Attorney – Formalities and Registration
Chapter 4 Lasting Powers of Attorney – Revocation
Chapter 5 Enduring Powers of Attorney
Chapter 6 Ordinary Powers of Attorney
Chapter 7 Capacity of Donor and Donee
Chapter 8 Extent of the Authority
Chapter 9 Duties and Rights of Attorneys and Deputies
Chapter 10 Duration and Termination of Powers of Attorney
Chapter 11 Rights and Liabilities of Donor, Donee/Attorney and Third Parties
Chapter 12 Protection of Third Parties and Subsequent Purchasers
Chapter 13 Execution of Documents, Conveyancing and Grants of Representation
Chapter 14 Deputies
Chapter 15 Wills
Chapter 16 Capacity and Power to Make Gifts
Chapter 17 Procedure in the Court of Protection
Chapter 18 Points for Practitioners
Appendix 1 Lasting Power of Attorney Instruments
A1.1 Lasting power of attorney for property and financial affairs (Form LP1F)
A1.2 Lasting power of attorney for health and welfare (Form LP1H)
A1.3 Continuation sheets (Form LPC)
Appendix 2 Other Forms
A2.1 Registering your lasting power of attorney (Form LP2)
A2.2 Notice of intention to register a lasting power of attorney (Form LP3)
A2.3 Disclaimer by a proposed or acting attorney under a lasting power of attorney (Form LPA005)
A2.4 Objection by the donor to the registration of a lasting power of attorney (LPA 006)
A2.5 Objection to the Office of the Public Guardian of a proposed registration of a lasting power of attorney on factual grounds (LPA 007)
A2.6 Notice to the Office of the Public Guardian of an application to object to registration of a lasting power of attorney made to the Court of Protection (LPA 008)
Appendix 3 Precedents
A3.1 General power of attorney under the Powers of Attorney Act 1971
A3.2 Limited power of attorney authorising sale of a house and the purchase and mortgage of another house
A3.3 Limited power of attorney authorising the grant of a lease
A3.4 Delegation of trusts by power of attorney under section 25 of the Trustee Act 1925
A3.5 Notice under section 25 of the Trustee Act 1925, as substituted by Trustee Delegation Act 1999
A3.6 Extension of powers in respect of shareholdings