Enduring Power of Attorney

An Enduring Power of Attorney (“EPA”) cannot be created after October 2007. This does not affect these documents that were executed prior to that date.

Unlike Lasting Powers of Attorney, Enduring Powers of Attorney do not have to be registered with the Office of the Public Guardian before they can be used. However there is an overriding obligation on the person appointed as an attorney to make the application to register if, in their opinion, the donor of the power has lost or beginning to lose the capacity to manage their affairs.

The registration process requires the completion of certain forms and the notification of at least three of the donor’s closest relatives. Objections to the registration can be made if it is believed that the attorney is making the application before the donor has lost capacity or if the relatives believe that the attorney is not now suitable to act in that role.

If an attorney is unsure whether to register or not it would be advisable to take our advice.

Once the EPA is registered the donor cannot deal with their affairs at all as only the attorney has power to do so. Until the registration takes place, however, the donor can continue acting for themselves but the attorney should be aware of their obligation to register if they believe incapacity is now occurring.

After the registration has taken place the attorney will have to notify various institutions such as banks and building societies so that they can then deal with the donor’s financial affairs and the power (unless there are restrictions in the EPA against this) to sell the donor’s property.

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