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Cretney & Lush on Lasting and Enduring Powers of Attorney is the leading work on this difficult and developing area of law.
Are Lasting Powers Of Attorney So Very Dangerous?
Anyone hearing Denzil Lush, a former judge of the Court of Protection, on the Today programme today would feel justified in wondering whether they had done the right thing in giving a family member (or a friend or a professional) a Lasting Power of Attorney (LPA).
He painted a picture of widespread abuse of these powers and said that, if he ever lost mental capacity, he would prefer to have a deputy appointed by the Court of Protection (the Court of which he was the leading judge for decades) rather than an LPA.
There are some relatively unusual situations where we would indeed recommend having a deputy appointed by the Court of Protection instead of making an LPA.
This often involves cases where it is clear from the family dynamic that members of the family would find it hard either to cooperate as attorneys or to accept a situation where some family members were attorneys and others were not.
Other factual situations can make thi
