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Comparing the Durable Power of Attorney in England and Under the Uniform Power of Attorney Act

Estate planAmy Jo Conroy (attorney, U.S. Dep’t of Housing & Urban Dev.) has published her article entitled Curbing the License to Steal: A Discussion of English Law and Possible Reforms for the Durable Power of Attorney, 44 Real Prop. Prob. & Tr. J. 31 (Spring 2009).  

The editor’s synopsis is below:

This Article compares England’s Mental Capacity Act of 2005 and the Uniform Power of Attorney Act drafted in 2006 by the National Conference of Commissioners on Uniform Laws. The author notes the weaknesses of durable powers of attorney under the Uniform Power of Attorney Act and proposes reforms based on England’s Mental Capacity Act of 2005.