Book Review: Aldridge: Powers of Attorney 12 Edition

 In Book Reviews for Private Client practitioners

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Aldridge: Powers of Attorney 12 Edition published by Sweet & MaxwellThis is a book review by Gill Steel of Aldridge: Powers of Attorney 12 Edition published by Sweet & Maxwell.

Purpose

The authors of this 12th edition are well known to all STEP members – Geoffrey Shindler and Patricia Wass. Its purpose is to update the definitive work on powers of attorney covering the creation, interpretation and use of such powers.

Content

The text takes us through 20 chapters and seven appendices covering:

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  1. Introduction – looking at different types of power of attorney, the law and the authority granted
  2. Scope of the power
  3. Donor to cover different types of donor and their capacity to make a power
  4. Attorney – again looking at their capacity to act
  5. Contents of power
  6. Form of power to include the prescribed forms and their execution
  7. Duration of power
  8. Exercising a power
  9. Duties of donor
  10. Duties of attorney
  11. Protection of attorney
  12. Position of third parties in relation to the power
  13. Trustees
  14. Registering Lasting Powers of Attorney
  15. Practical points on the use of LPAs
  16. Enduring Powers of Attorney
  17. Filed powers
  18. Land
  19. Grants of Representation
  20. Companies

The Appendices include the relevant legislation; statutory instruments; forms of document; clauses for inclusion; prescribed regulations and a practice note.

Structure & Layout

Within each chapter are numbered paragraphs which link to the page references in the index. Headings and sub-headings are used to break up the text and make finding the subject matter sought that much easier to find.

The book begins by explaining the different types of powers and continues by examining the capacity and duties of the parties involved before looking at specific situations in which such powers can be used. The sections on specific situations where powers can be used are helpful. It was particularly pleasing to see in chapter 20 reference to companies and who can and who can’t appoint a proxy.

This edition also discusses the Government’s proposals for changes to the process for making and registering a LPA to enable a digitally produced document. The government response to the consultation can be found here.

Tools

Appendix 4 contains some suggested clauses for inclusion in powers of attorney and Appendix 5 contains the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 which themselves contain the prescribed forms and it also includes the text of the Guide LP12 to making an LPA as well as clauses for insertion as preferences and instructions.

Clarity & readability

The 12th edition of this book is written in a succinct and accessible style and covers all the salient points for dealing with powers of attorney.

Relevance to practitioners

The jurisdiction of England & Wales, to which this text relates, has an ageing population. The recent pandemic focused the minds of many to put their affairs in order. The net result is that more and more people need and seek to set up powers of attorney. All practitioners, but particularly private client practitioners, need this handy text at their fingertips. It will prove to be invaluable.

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