Book Review – Cretney & Lush on Lasting & Enduring Powers of Attorney (7th Edition)
The seventh edition of this book is a ‘must have’ for the Private Client Practitioner. This edition has been significantly updated to include recent developments that assist the Practitioner in navigating this complex area of the law.
The contents section of the book includes a detailed breakdown of the twenty-four chapters which make it easy for the reader to locate a particular subject such as ‘the capacity to create a Lasting Power of Attorney’. This section also sets out a number of appendices which include forms and guidance and includes a table of cases, statutes and statutory instruments.
The first chapter gives the historical background of Enduring Powers of Attorney and Lasting Power of Attorney and allows the reader to understand how the system has developed. Throughout the book there is detailed guidance on both Enduring Powers of Attorney and Lasting Powers of Attorney and this begins with a very useful table within chapter two which sets out the differences between Enduring Powers of Attorney and Lasting Powers of Attorney from the effective date through to registration.
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Part I gives detailed consideration to the creation of Lasting Powers of Attorney highlighting the requisite tests for capacity of the Donor to create an LPA, navigating the reader through the process of the appointment of Attorneys, the role of the certificate provider and named person and guiding the reader on potential pitfalls such as the practical problems of replacement attorneys and how to avoid them. Throughout there is particular reference to the Mental Capacity Act 2005 and the Mental Capacity Act 2005 Code Of Practice and the authors direct the reader to other points of helpful reference such as the case law, for example, on the eligibility of certificate providers.
Since its inception on the 1st October 2007 there have been a number of developments in the law and procedure in relation to the creation and registration of Lasting Powers of Attorney and a large section of the book deals with the execution and registration process. There is also a very useful chapter in relation to the termination of Lasting Powers of Attorney. The reader is given concise guidance on the procedure for execution and the law is clearly set out. The chapters detailing the functions of the Public Guardian and the Court of Protection are very useful and allow the Practitioner to understand the statutory framework and respective roles. There is also a new chapter setting out the fees and costs payable to the Office of the Public Guardian and Court of Protection with useful tables. The precedent section is excellent.
Part II considers in detail Enduring Powers of Attorney from granting an Enduring Power of Attorney to the registration process and sets out clearly how Enduring Powers of Attorney can be terminated, revoked and disclaimed. Again the Practitioner is guided expertly by the authors on the law and procedure.
Part III sets out the Code of Practice, statute, statutory instruments, the forms and recent case law. This is all completed in a very comprehensive manner.
This is an excellent book which will appeal to both the specialist and non-specialist private client solicitor, giving full guidance on this developing area of the law.
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