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. This practical book explains how the new scheme differs from EPAs.
One of the most powerful ways we can care for our future is to create a Power of Attorney. This simple document allows an appointed person to make decisions for us in the case that we can no longer do so ourselves. But what does it mean to be someone's attorney? And how can it be set up? This book is designed to offer clear, practical advice for anyone making this decision, or needing to exercise their rights. Drawing on over two decades of professional and personal experience, Sandra McDonald explains everything that you need to know about Power of Attorney, including: - how to create the legal document - how to implement it - dealing with others and safeguarding The result is an invaluable resource for anyone who is, has or deals with a Power of Attorney.
A Practitioner's Guide to Powers of Attorney, Eighth Edition is a practical, user-friendly and easy to read guide to all forms of power of attorney including ordinary power of attorney, lasting power of attorney and enduring power of attorney. Offering a detailed overview of the subject as a whole, this book also 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 legislation and case law, this new edition 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 authorise 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? This is an invaluable handbook for solicitors, legal executives, accountants, will writers, licensed conveyancers, banks and building societies, and anyone who is acting under a power of attorney and needs to know their powers, duties and rights.
Written by a leading authority in the area, A Practical Approach to Conveyancing offers a detailed and up-to-date account of the key principles and procedures underpinning the practice of conveyancing. It takes a pragmatic, rather than academic, approach to conveyancing, providing practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. Combining coverage of residential and commercial conveyancing, this book provides highly practical guidance on each stage and is fully supported by sample documentation, enabling the reader to approach all aspects of the conveyancing process with ease and confidence. Now in its twenty-second edition, this book has firmly established itself as a core text supporting the study of the Legal Practice Course. Fully updated with the latest changes affecting the conveyancing process, this classic text is essential reading for all trainee or qualified solicitors, legal executives, or licensed conveyancers. Online Resources This book is accompanied by online resources, which include specimen forms, links to useful websites, additional online appendices, interactive conveyancing timelines, and multiple choice questions for students to test their knowledge.
Taking a pragmatic, rather than academic, approach to conveyancing, this work provides solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service.
Written by a leading authority in the area, A Practical Approach to Conveyancing offers a detailed and up-to-date account of the key principles and procedures underpinning the practice of conveyancing. It takes a pragmatic, rather than academic, approach to conveyancing, providing practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. Combining coverage of residential and commercial conveyancing, this book provides highly practical guidance on each stage and is fully supported by sample documentation, enabling the reader to approach all aspects of the conveyancing process with ease and confidence. Now in its twenty-third edition, this book has firmly established itself as a core text supporting the study of the Legal Practice Course. Fully updated with the latest changes affecting the conveyancing process, this classic text is essential reading for all trainee or qualified solicitors, legal executives, or licensed conveyancers. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024. - The online resources include specimen forms, links to useful websites, additional online appendices, interactive conveyancing timelines, and multiple choice questions for students to test their knowledge.
The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.