Enduring Powers of Attorney

Enduring Powers of Attorney

 

An enduring power of attorney (EPA) is a specific type of power of attorney under which someone (the donor) has delegated decision making powers in relation to his or her finances to a trusted person (the attorney). Since 1 October 2007, it has not been possible to create a new EPA but EPAs created before that date continue to be valid. EPAs have, from 1 October 2007, been replaced with Lasting Powers of Attorney.

An EPA does not need to be registered until the donor loses mental capacity. Whilst the donor has capacity, he or she can instruct the attorney to act under the EPA. If an attorney believes that the donor is or is becoming mentally incapable, then the attorney must apply to the Office of the Public Guardian for registration of the EPA. Our solicitors advise on the registration of EPAs, including guiding attorneys on steps to ascertain whether the requirement for registration has been triggered and the application process itself. If you have been appointed as an attorney under an EPA, we can provide you with help and guidance on managing someone’s finances whether pre or post registration.