Lasting Powers of Attorney:
A Practical Guide (2nd Edition)
by Craig Ward
2nd Edition September 2011
Published by the Law Society
NEW CHAPTERS
1 Introduction
2 MCA 2005 principles
3 Assessment of Mental Capacity
4 Best interests
5 Taking instructions
6 Advice to the donor
7 Information for attorneys
8 Drafting and execution
9 Registration
10 Attorneys and other decision-makers
11 Resolving disputes
12 Termination
13 Restraint and abuse
14 Advance decisions to refuse medical treatment
15 Deprivation of Liberty Safeguards
16 Court of Protection deputies
17 Other relevant provision of MCA 2005
18 Enduring powers of attorney
About the Book
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. The Law Society.
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.
Reviews of 1st Edition
The aim of the book is ‘to provide something practical for practitioners and Lasting Power of Attorney attorneys to use’. It does exactly what is says on the tin. The Law Society are to be congratulated for encouraging Craig Ward to produce this book. Mr T Harris, STEP.
The book is clear and well written with a multitude of checklists and guidance to help practitioners through the maze of rules and regulations. Ms J Wilson, The Adviser Magazine.
The style of the book is clear and accessible for non-lawyers, and will help family members to understand the rules and procedures involved. The Parkinson Society.
