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GBP44.95
In stock
1 September 2008
Law Society Publishing
9781853285035
Paperback
234 x 156 mm
320 pages
Lasting Powers of Attorney
A Practical Guide
Overview
Lasting Powers of Attorney replace Enduring Powers of Attorney as an instrument to delegate decision-making regulated by the principles of the Mental Capacity Act and exercised with regard to the guidance in the Code of Practice. An LPA may now be registered to delegate decision-making about not only financial and property matters but also a wide range of personal and welfare matters.
This practical book explains how the new scheme differs from EPAs and presents a step-by-step guide to:
- advising a client of the options available to them under the MCA 2005
- creating an LPA using the prescribed forms
- registration of an LPA
- the operation of an LPA
- challenges and revocation of an LPA.
To help practitioners comply with the multitude of associated rules, regulations, and guidance there are helpful checklists and procedures to follow at each stage, illustrated by extracts from the Act and Code.
The book also gives a clear account of the related provisions of the Mental Capacity Act on which clients wishing to make an LPA may need advice, such as Advance Decisions and Deputies. In addition, the appendix contains all the most relevant chapters of the MCA Code of Practice and the full text of the Law Society's Practice Note.
Reviews
"The book is clear and well written with a multitude of checklists and guidance to help practitioners through the maze of rules and regulations. The author is a solicitor who has specialised in issues relating to mental health through advice and casework in legal, charity and social work environments and this breadth of experience shows in his sensitive interpretation of a legally complex subject. Recommended for legal advisers at all levels."
Adviser
Contents
1. Introduction;
2. Legislative background;
3. Creating an LPA;
4. Assessing lack of capacity;
5. Activation and registration of an LPA;
6. Role and duties of an attorney;
7. Operation of an LPA;
8. Challenges to and revocation of an LPA;
9. Deputies;
10. Transitional arrangements for EPAs;
11. Other relevant provisions of the MCA 2005;
12. Advance Decisions to refuse treatment.
Appendix: A. MCA 2005 Code of Practice;
B. Lasting Powers of Attorney Practice Note;
C. Complaints to professional bodes;
D. List of forms and documents.
About the Author
Craig Ward is a solicitor and CEDR accredited mediator. He has a degree in psychology and extensive professional experience of issues relating to mental capacity through advice and casework in legal, charity and social work environments.