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Part II - Lasting/Enduring Power of Attorney

Published online by Cambridge University Press:  28 June 2019

Edited by
Lusina Ho  and
Rebecca Lee
Lusina Ho
Affiliation:
The University of Hong Kong
Rebecca Lee
Affiliation:
The University of Hong Kong
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Summary

This chapter examines adult guardianship and powers of attorney in England and Wales today. Section I considers the origin of modern adult guardianship law in Roman law and traces its development in English common law through to the current legal and institutional infrastructure of mental capacity jurisdiction. It then introduces the procedures of appointing a deputy, and evaluates the safeguards provided by the Office of the Public Guardian. Section II focuses on the policy considerations underpinning the legislation on enduring and lasting powers of attorney, the development of policy and legislation over the past 35 years, and potential developments in the foreseeable future. The author also compares deputyship with attorneyship, and explains the advantages of the former over lasting powers of attorney.

Keywords

adult guardianshipenduring powers of attorneylasting powers of attorneyautomatic revocation ruleCourt of ProtectionOffice of the Public Guardiandeputywardshipenduring power of attorneysupported decision-makingAssisted Decision-Making (Capacity) Actfunctional approach to capacityenduring powers of attorneyconflict transactionsrepresentativessupportive attorneysregistrationfinancial abuseVoluntary Welfare OrganisationMental Capacity Actlasting power of attorneyPublic Guardianspecial needs trustPublic TrusteeSpecial Needs Savings Schemeadult protectionAdult Protective ServiceCommunity Kin Service
Type
Chapter
Information
Special Needs Financial Planning
A Comparative Perspective
 , pp. 115 - 236
Publisher: Cambridge University Press
Print publication year: 2019

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