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  • Print publication year: 2019
  • Online publication date: June 2019

Part II - Lasting/Enduring Power of Attorney

  • Edited by Lusina Ho, The University of Hong Kong, Rebecca Lee, The University of Hong Kong
  • Publisher: Cambridge University Press
  • pp 115-236


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.