Powers of Attorney

An update of the annotation to the original Powers of Attorney Act 1996 to take into account the recent signing into law of the Assisted Decision-Making (Capacity) Act 2015, which provides for new types of persons who can care for those losing their mental capacity and who can now make healthcare and a number of legal decisions on their behalf. This Act provides for the reform of the law relating to persons who require or may require assistance in exercising their decision-making capacity, whether immediately or in the future and as such, changes the face of the law in this area.

New to this edition

The 1996 Act will be annotated, amended and fully consolidated to reflect the new 2015 legislation mentioned above and it?s resounding impact on the law of Powers of Attorney. The new Act provides for a different sort of EPA after the 2015 Act comes into operation. Except for section 76 of the 2015 Act, the 2015 Act shall not apply to enduring powers created under the 1996 Act. This means that for some extended time there will be two types of EPA, one made under the 1996 Act and the other made under the 2015 Act. This text will reproduce the entirety of the material in the book referring to the 1996 Act, and the entire part of the 2015 Act relating to EPAs, with some cross referencing. The book will therefore have two parts, and there will be an introduction to each part.