Power of Attorney in UK Law

  • Polyphonic Legality: Power of Attorney Through Dialogic Interaction
    • No. 28-5, October 2019
    • Social & Legal Studies
    Building on Bakhtin’s work on discourse, this article uses the concept of polyphony to explore capacity law praxis. Drawing on everyday interaction about power of attorney, we demonstrate how legal...
  • The role of the Office of the Public Guardian in investigations of abuse
    • No. 13-3, June 2011
    • The Journal of Adult Protection
    • 160-166
    Purpose: This paper aims to examine the investigation process employed by the Office of the Public Guardian (OPG). This process is used whenever an allegation of abuse is received against either an...
    ... ... either anattorney acting under a registered lasting or enduring power of attorney or against a deputy appointedby the court of protection to ... ...
  • Powers of Attorney and ‘Lack of Capacity’ under the Mental Capacity Act 2005: A Narrowing of the s 44 Offence? R v Kurtz [2018] EWCA Crim 2743
    • No. 84-1, February 2020
    • Journal of Criminal Law, The
    • 0000
    The Mental Capacity Act (MCA) 2005 marked a turning point in the statutory rights of people who may lack capacity. The legislation sought to place the individual at the centre of decision-making an...
    ... ... The court was tasked with deciding whether proving a lack of capacity on the part ofthe victim is required when the donee of a power of attorney is charged with the offence unders 44(1)(b). This article considers Kurtz within the context of the MCA 2005 and notes threerelated COA ... ...
  • Recognising and responding to financial abuse in residential aged care
    • No. 15-3, June 2013
    • The Journal of Adult Protection
    • 141-152
    Purpose: Responding to suspected financial abuse in residential aged care provides particular challenges to care managers. This paper aims to explore responses to financial abuse by care managers a...
    ... ... and protocols to guide responsesto suspected misuse of an enduring power of attorney or undue influence are limited. The care manager’sknowledge ... ...
  • Ms P: a case study in elder financial abuse (Ireland)
    • No. 15-6, November 2013
    • The Journal of Adult Protection
    • 317-323
    Purpose: – The purpose of this paper is to discuss the case study of an older woman who was subject to elder financial abuse by a home help in the Republic of Ireland. Design/methodology/approach:...
    ... ... , Elder abuse, Financial abuse, Gardaı´(Irish police service), Power of Attorney,Enduring Power of Attorney, Ward of court, Senior case ... ...
  • The Nearest Relative Handbook
    • No. 3-3, September 2008
    • The Journal of Mental Health Training, Education and Practice
    • 55-56
    ... ... to information and, though it is rarelyused, they also have the power to apply for detention orguardianship. David Hewitt has produced a book ... on situations such as wheresomeone has made a lasting power of attorney, or where adeputy is appointed, and where someone else is nearestrelative ... ...
  • CLAIMS FOR THE RETURN OF HOLOCAUST ART: SCOPE OF THE US HEAR ACT: Zuckerman v. The Metropolitan Museum of Art, New York.
    • Vol. 24 No. 3, October 2019
    • Art Antiquity & Law
    • Drawdy, Stephanie
    ... ... While held in a concentration camp, Grunbaum signed a power of attorney to his wife who was alleged to have later passed her husband's ... ...
  • RECENT PERIODICAL LITERATURE
    • No. 9-3, October 1946
    • The Modern Law Review
    ... ... DR. E. WOLFF: Legality of a Provision in a Power of Attorney that it shall not be revoked by the danor’s ... ...
  • Mental Capacity Act 2005 - Overview
    • Part Seven. Mental Capacity act 2005
    • A Practitioner's Guide to Mental Health Law
    • Michael Butler
    • 221-242
    ... ... (a) as the donee of a lasting power of attorney, (b) as a deputy appointed by the court, (c) as a person ... ...
  • Financial abuse of older people
    • No. 2-1, February 2000
    • The Journal of Adult Protection
    • 21-29
    Financial abuse is widely recognised to be an important but under‐reported risk area for vulnerable adults, especially elderly people. This paper provides an introduction to relevant issues, indica...
    ... ... – to undertaketransactions on their behalf.This is called ‘power of attorney’.A mentally incapacitated adultcannot authorise power of ... ...
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