Enduring Powers of Attorney

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Some years ago, if a person became mentally incapable of managing their affairs, an application to the Court of Protection was necessary. This was expensive. Now that person can sign an Enduring Power of Attorney (EPA). A Power of Attorney is a document by which one person ("the Donor") gives another person of his choice ("the Attorney") the power to act on his behalf and in his name i.e. to manage his affairs. Your Attorney should be someone you trust.

An EPA continues to be valid should the Donor become mentally incapacitated.

An EPA is simple to prepare and operate, even if it is not activated, until the Donor becomes incapable of managing his affairs.

Only the Donor can make the decision to create an EPA and cannot be legally forced to do so.

The EPA must be made before the Donor becomes mentally incapacitated - after that it is TOO LATE.

An EPA can save you £'s in the event of you becoming mentally incapacitated and an Application to the Court of Protection becoming necessary.

The EPA may be a general power without restrictions on its use or may only give limited powers to do a specific act e.g. sell a house.

An EPA giving a general power will give the attorney authority to deal with all the Donor's affairs, including selling your house !

An EPA must be in the form prescribed by the Enduring Powers of Attorney (Prescribed Form) Regulations 1990.

The Attorney should sign the EPA at any time after the Donor, but before the Donor becomes incapable of understanding the nature and effect of creating the enduring power.

Anyone can be a Donor providing they are 18 or over and mentally capable.

An Attorney must be over 18 and not bankrupt at the time the Attorney signs the EPA.

As the Donor of an EPA, you have complete freedom in your choice of Attorney and you can appoint more than one e.g. a friend, relative or professional.

A trust corporation such as a bank can be an Attorney. Profession Attorneys can charge for their services. A Donor may appoint different Attorneys to do different things

Any number of Attorneys may be appointed in the same EPA but the Donor will need to decide and say in the EPA whether Attorneys are to act jointly (that is together on all matters) or jointly and severally (where they may act together or separately, as they choose).

On the death of one Attorney where they were appointed to act jointly, the EPA expires but if they were appointed jointly and severally the survivor(s) can continue to operate the power.

The Donor may cancel or revoke an EPA at any time while mentally capable.

If the Donor becomes mentally incapacitated after making the EPA, the Attorney must register the EPA with the Public Guardianship Office. Notice has to be given to at least three of the nearest relatives, in order of priority as set out by the EPA Act 1985.

It is a good idea for everyone to consider an EPA regardless of age.

The above is intended as a general guide only and you should contact us to discuss your particular circumstances and affairs. We accept no liability for any action or loss arising from this information.

Related topics you may find useful:

Attorney - Power of
Making a will
Powers of attorney - Ordinary, Enduring or Lasting
Preparing for old age
Wills

Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to set up an appointment