Enduring Powers of Attorney: The FACTS
- Enduring Powers of Attorney (EPA) were replaced on 1 October 2007 by the Lasting Power of Attorney. Enduring Powers of Attorney made before this date are still valid and effective but they cannot be altered and new Enduring Powers of Attorney cannot be created.
- An Enduring Power of Attorney must have been created in the prescribed form by a person who is over the age of 18 who has legal mental capacity at the time they created the document.
- An Enduring Power of Attorney is effective as soon as it has been correctly signed by the creator in the presence of a witness.
- An Enduring Power of Attorney remains effective even if the creator subsequently looses legal mental capacity.
- So long as the creator retains legal mental capacity they can revoke the Enduring Power of Attorney at any time.
- When creating an Enduring Power of Attorney the creator will have appointed a person or persons to act as their attorney(s). Attorneys can act under the Enduring Power of Attorney just as soon as it has been created.
- Once the creator looses (or is expected to loose) legal mental capacity their attorneys are under an obligation to register the Enduring Power of Attorney with the Office of the Public Guardian. Until the document has been registered the powers granted to the attorneys are suspended.
- The scope of an attorneys power under an Enduring Power of Attorney is limited to making decisions about the creators property and financial affairs. The Enduring Power of Attorney does not provide them with the authority to make decisions about the creators health and welfare.
To register the Enduring Power of Attorney the person seeking registration (the attorneys or the creator) must apply to the Office of the Public Guardian in the prescribed form. The creator and certain members of the creator’s family must also be notified of the intention to register. This gives the creator and those notified family members the opportunity to object to the registration.
- For more information visit the Enduring Power of Attorney page on our website.
This information is presented for general guidance purposes only and should not be relied upon or used for any other purpose.
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