Book review

Even though this title has
742 pages, 398 pages are
written comment with the
rest comprising appendices. It is a
well structured, succinct piece of
work and, now in its seventh edition,
is still excellent value.

The core of the book is accessible and split between lasting powers of attorney, enduring powers of attorney and common provisions, while the appendices cover statutes, statutory instruments, LPAs, court forms and guidance, so all the key elements are within one book. It is blended nicely, making it easy to navigate. Unlike some other books on the subject, it does not jump around, instead being very cleanly structured and well thought out.

Despite the brevity, there is no loss in quality – as you would expect from Senior Judge Lush. It is really comprehensive and, for a trainee lawyer or someone moving into this discipline, it is an excellent way to develop knowledge and understanding of
this area of law.

Lawyers who favour an academic approach will like this book and its particular emphasis on what led to
the legislation being implemented. It looks at the history of powers of attorney, with commentary on how
they emerged in the US in 1954
then crossed the Atlantic to the UK.

I particularly liked chapter 2, which had an easy reading comparison between EPAs and LPAs. And chapter 7’s guidance on executing LPAs is essential reading for all lawyers because it takes you through the forms and the consequences of failure to comply with the formalities. Chapter 15 on LPA precedents was helpful, even without much practical guidance.

New chapters on recognition
and enforcement of foreign orders,
and new guidance on fees and costs
are notable improvements on the previous edition too.

The main weakness of the
book, however, is that it doesn’t
offer enough practical guidance from
a legal practitioner perspective rather than a factual and legal perspective. Perhaps this is because it is written
by a judge (and the most respected
one at that) rather than, say, someone who has more experience of the day-to-day issues that lawyers face.

Of course, Lush SJ does cover the capacity to make an LPA, but not from the view of a lawyer in private practice.

Also, I would have liked to see more exploration of best interests under section 1(5) of the Mental Capacity Act and, moreover, a series of questions to determine how to reach that decision.

Effectively, there are two pages
of consideration of the issue. I do
like succinctness, but a devoted
chapter, including a section on how
to resolve disputes, would have been
a good addition.

I am grateful that I now have
Lush SJ’s book, which represents
one of the best works in this field.
It is excellent and reasonably priced,
and will particularly help the newly qualified lawyer get to grips with
the subject. 

Justin Patten is a principal at Human Law

ISBN: 978 1 84661 813 0 Publisher: Jordans RRP: £75 Published: November 2013?

Updates include: examination of developing case law under MCA 2005 and LPA regulations, extended practical guidance on executing and registering LPAs, and a new precedents section