Wills, Trusts and Probates

What is an Enduring Power of Attorney?

The Mental Capacity Act 2005 changed the law in relation to Enduring Powers of Attorney (EPA). After 1st October 2007 you can no longer make an EPA however EPA’s made before that date are still valid. They run alongside the new regime of Lasting Powers of Attorney and it is a document in which a Donor appoints an Attorney to act on his behalf in relation to his property and affairs.

When is the use of an EPA appropriate?

It can be used both whilst the Donor has mental capacity and after the Donor loses mental capacity.

When is it suitable to register an EPA?

You must apply to register the EPA when you believe that the Donor is becoming or has become mentally incapable of handling their own affairs. The Donor must be informed the EPA is going to be registered together with three of the Donor’s nearest relatives. They have a right to object to the registration if they feel they have the appropriate grounds.

Management, disputes and gifts under an EPA?

The guidelines in relation to management, disputes and gifts are the same as for a Lasting Power of Attorney, details of which you will find in the relevant section of our website.

Contact

Henry Anstey