Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-76fb5796d-x4r87 Total loading time: 0 Render date: 2024-04-29T07:47:45.528Z Has data issue: false hasContentIssue false

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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×