Enduring Power of Attorney

A power of attorney is a legal document in which someone (the donor) gives another person (the attorney) the right to help them make decisions, or take decisions on their behalf.

A power of attorney set up before 1 October 2007 is called an enduring power of attorney (EPA). It has since this date been replaced by the lasting power of attorney (LPA) for property and financial affairs.

You can no longer make an EPA, but if one was made correctly and signed before 1 October 2007 it may still be used.

An EPA authorises attorneys to make decisions about the donor’s property and financial affairs. They can, for example sign documents, make purchases and claim benefits. Attorneys must manage the donor’s finances in the donor’s best interests. This means keeping the donor’s finances separate from their own.

Registering an EPA

The donor does not need to register the EPA with the Office of the Public Guardian (OPG) if they have mental capacity.

An attorney must register the EPA with the OPG if the donor starts to lose mental capacity to manage their property and financial affairs or otherwise it can no longer be used.

Ending an EPA

A donor can end an EPA if they have mental capacity using a deed of revocation.

If the donor does not have mental capacity, the attorney(s) must apply to the Court of Protection to cancel it.

The EPA ends automatically if the donor dies (the attorney(s) must notify OPG), an attorney loses mental capacity or dies or if an attorney decides they can no longer act for the donor.

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If you have any questions about EPA’s and would like to enquire further, please do not hesitate to get in touch.

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