A Practitioner's Guide to Powers of Attorney

ISBN-13: 9781784511036 / Angielski / Miękka / 2015 / 736 str.

John Thurston

Opis

This ninth edition of A Practitioner's Guide to Powers of Attorney is a practical, user-friendly, and easy-to-read guide to all forms of power of attorney in the UK, including ordinary power of attorney, lasting power of attorney, and enduring power of attorney. It includes the changes made by the UK's Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015. Offering a detailed overview of the subject as a whole, the 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 UK legislation and case law, the book 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 authorize 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?

Spis treści

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