Enduring Power of Attorney

Enduring powers of attorney were replaced on 1 October 2007 by the new lasting power of attorney. Since their replacement it has not been possible to create a new enduring power of attorney or alter a previously created document.

So long as the person who made it remains able to understand that the power is being used the enduring power of attorney does not have to be registered with the Court of Protection in order to be effective. Once the maker has lost the mental capacity to understand that their attorneys are acting under their enduring power of attorney the document must be registered with the Court of Protection. The attorneys are under a duty to have the document registered in this situation. This process involves the completion of registration requirements and payment of the courts registration fee.

The enduring power of attorney enables the makers chosen attorney or attorneys to make decisions and take actions on the makers behalf. The attorney(s) effectively steps into their shoes and his/her actions will be treated as if they were made by the maker. Being appointed under an enduring power of attorney allows the makers attorney to take decisions on and administer the makers property and finances. This could include buying or selling property, shares, personal possessions and business assets etc. An attorney appointed under an enduring power of attorney cannot effect decisions on the makers health and welfare.

Lakes Legal Limited are experienced in the registration process and would be delighted to assist you in the process. If you would like to instruct Lakes Legal Limited in this matter you will be asked to complete and return a short questionnaire along with the original enduring power of attorney. Lakes Legal Limited will use the information provided by you to create the draft documents which will be sent to you for approval before completing the registration process.

“Have it registered, piece of mind for you and protection for your attorneys.” Lakes Legal Limited

For more information on the registration of enduring powers of attorney please see the blog and articles sections of our website and our Enduring Power of Attorney Fact Sheet.

Lakes Legal Limited offer an enduring power of attorney registration service for a fixed fee of £100. If you would like Lakes Legal Limited to prepare and submit your registration application to the Office of the Public Guardian for you, simply click on the button below and use our secure payment service to process your transaction. Alternatively please telephone Lakes Legal Limited and speak with one of our advisers.