A Practical Guide to Lasting Powers of Attorney

A Practical Guide to Lasting Powers of Attorney is a guide to one of the most important, and most misunderstood, documents in modern legal practice. While LPAs are often treated as routine paperwork, mistakes in their drafting or use can have serious consequences. This book explains how LPAs really work in practice, and how they affect donors, attorneys, families, professionals and public bodies.

Grounded in the Mental Capacity Act 2005, the book clarifies the law and shows how it is applied in real situations. It covers the full lifecycle of an LPA, from creation and registration to use, dispute and revocation. Readers are guided through key issues such as choosing and managing attorneys, drafting effective provisions, avoiding common registration errors, responding to OPG scrutiny and dealing with challenges once an LPA is in operation.

The book also tackles high-risk and often overlooked areas, including business LPAs, complex estates, borderline capacity, undue influence and the crucial safeguarding role of certificate providers. Drawing on recent Court of Protection case law and regulatory practice, it helps readers spot problems early and avoid costly disputes.

Written for solicitors, barristers, professional deputies, accountants, clinicians and other advisers, this book is essential reading for anyone who wants to move beyond a form-filling approach and understand LPAs as powerful legal tools with long-term consequences.

CONTENTS

Chapter 1 - Historical and Legal Context

Chapter 2 - Types of LPAs

Chapter 3 - Strategic Applications for LPAs

Chapter 4 - Drafting an Effective Lasting Power of Attorney

Chapter 5 - Capacity to Make an LPA

Chapter 6 - Interaction with Other Legal and Medical Instruments

Chapter 7 - Registration and Post-Registration Issues

Chapter 8 - Revocation, Suspension and Termination

Chapter 9 - Future Developments and Reform