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"Navigate the extensive jurisdiction and powers of the Court of Protection. The Court of Protection affects an ever increasing number of people, among whom are some of the most vulnerable members of society. They need the best support and protection that the law and legal profession can provide. A Practitioner's Guide to the Court of Protection is written by practitioners whose individual and combined experience provide an invaluable guide to the law and practical application. The new Fourth Edition covers both the property and affairs and the welfare parts of the Court's jurisdiction, with new and expanded chapters covering: The Court of Protection Rules 2017 Case management pathways Welfare and Deprivation of Liberty Private international law The practical application of the Mental Capacity Act 2005 Lasting and Enduring Powers of Attorney Case law, practice and procedure of the Court of Protection Latest guidance and practice notes from the Office of the Public Guardian It is essential reading for anyone involved in Court of Protection practice including private client practitioners, mental health practitioners, family law practitioners, deputies, local authorities, accountants, Independent Mental Capacity Advocates, Welfare Accredited Legal Representatives, and advocates."--Bloomsbury Publishing.
A Practitioner's Guide to Powers of Attorney, Eighth Edition is a practical, user-friendly and easy to read guide to all forms of power of attorney including ordinary power of attorney, lasting power of attorney and enduring power of attorney. Offering a detailed overview of the subject as a whole, this book also provides in-depth advice on more specific and complex areas including execution of documents and protection of third parties. Fully up to date with the latest legislation and case law, this new edition responds to questions, such as: Can you modify the circumstances in which the appointment of replacement attorneys become effective, or are you bound by what is in the Act?; Can you extend the power of attorneys to make gifts?; Can the donor authorise an attorney to change the will of the donor?; If two or more attorneys are appointed jointly and severally, can the donor require two attorneys to make some decisions?; Can a donor require an attorney to obtain the consent of a third party to a transaction?; If a partner in a limited liability partnership is appointed as attorney, can an employee of the firm give the certificate?; How will the court deal with objections to the registration of a power? This is an invaluable handbook for solicitors, legal executives, accountants, will writers, licensed conveyancers, banks and building societies, and anyone who is acting under a power of attorney and needs to know their powers, duties and rights.
This guide on assessment of people with some sort of mental impairment is a broad ranging report produced jointly by the British Medical Association and the Law Society. It is an authoritative statement on an important area. Its wide ranging coverage makes it essential reading for these groups. The second edition has been revised throughout to bring it right up to date with present requirements.
This third edition of Community Care Practice and the Law has been substantially rewritten and restructured to reflect the rapid legal and policy changes affecting the community care field. It provides comprehensive and jargon-free explanations of both community care legislation and other areas of the law directly relevant to practitioners. Topics covered include: • assessment and eligibility criteria (`fair access to care') and waiting times • placing people in care homes • non-residential, domiciliary and home care services • carers' assessments and services • home adaptations and disabled facilities grants * direct payments * continuing health care and health services generally, including community equipment services * joint working between local authorities and the NHS * single assessment process, intermediate care * decision making capacity and incapacity * information sharing * adult protection * human rights and disability discrimination * health and safety at work legislation including manual handling people subject to immigration control, including asylum seekers care standards. Numerous examples of legal cases and ombudsman investigations clearly illustrate the practical impact of legislation on community care. A separate chapter provides an at-a-glance view of the whole range of legislation underpinning the everyday work of practitioners. The author also identifies the underlying mechanisms, tensions and problems affecting community care law and practice. Primarily covering England in detail, much of the legal case law covered and the legal principles involved are of general relevance across the United Kingdom, and where material is not directly applicable to Wales, Scotland and Northern Ireland, short summaries offer general pointers for the position in these three countries. This book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local and central government, advocates, lawyers and social work students.