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A Practitioner's Guide to the Court of Protection, 3rd edition

A Practitioner's Guide to the Court of Protection, 3rd edition
Only £60.00
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Paperback - ISBN 1845922441 / 9781845922443 - £60.00 VAT Free
A Practitioner’s Guide to the Court of Protection, 3rd edition

Written by Martin Terrell

"Terrell's Guide is simple to use and the print format easy to read...Practitioners updating themselves and those coming across the new legislation for the first time will benefit from the text which navigates them through this evolving area safely"Family Law Week, Sep 2009

...it is the sheer depth of the practical information about straightforward applications, and how to manage the property affairs of the person, including very practical points about the dispositions of property, which make this book a worthy addition to any practitioner's bookshelf PS Magazine (The Law Society) Jan 2010

A Practitioner's Guide to the Court of Protection, 3rd edition is a user-friendly handbook providing practical and detailed coverage of this increasingly significant topic. It has been comprehensively updated to reflect the latest legislation affecting this area of the law. The new edition explains the provisions of the Mental Capacity Act 2005, the practices and procedures of the Court of Protection and the latest information from the Public Guardianship Office.

A Practitioners Guide to the Court of Protection, 3rd edition looks at the practical issues and problems facing deputies working under a more complex and challenging regime. It also covers changes to fixed costs and recent case law, including S and S and Re P.

Bibliographic detail

ISBN: 978 1 84592 244 3
Publication Date: April 2009
Format: Paperback
Availability: In print

Contents


Capacity and best interests - The new Court of Protection - Practice and procedure in the new Court of Protection - The deputy - Application to appoint a deputy - Changing and ending the deputyship - The duties of a property and affairs deputy - Managing the property and affairs of 'P' - Sale and purchase of property - Litigation - Trusts and trustees - Costs - Gifts and other dispositions of property - Enduring powers of attorney - Lasting powers of attorney - Foreign matters.
Appendices
Statutory provisions - Forms and precedents - List of useful addresses and contacts.
  • Reviews
The Mental Capacity Act 2005 which came into effect in October 2008 has overhauled the area of appointing and managing alternative decision makers who are empowered to act on behalf of another (P). This is an important area for practitioners advising families. Divorce is a time when the client is having to think about their financial future and make a new will. The family dynamics change and the choice of who they would like to act for them if they became incapable can be addressed by drafting a Lasting Power of Attorney (LPA). The changes brought about by the MCA 2005 are radical and complex, for registration of an LPA and causing confusion for even those experienced in this area..

Family Law Week, September 2009
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A good indication of the value of this book is the fact that my review copy looks a bit battered and there are various sections of text highlighted - in other words, I use it.

A Practitioner's Guide to the Court of Protection, now in its third edition, incorporates all the significant changes (as at April 2009) to the Court of Protection procedures since the introduction of the Mental Capacity Act 2005 (MCA 2005). The author is a practising solicitor and, as the title stales, this book is aimed al the busy practitioner. The text is authoritative but also accessible and readable, which cannot be said for all legal textbooks, which can sometimes be deadly dull and difficult to follow.

Helen Clarke
PS Magazine - January 2010

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