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Is my Enduring Power of Attorney still valid?

Reasons to choose Wilson Browne

In October 2007 the way in which a person made a Power of Attorney changed as a result of The Mental Capacity Act 2005.

Prior to this date a Donor would have created an Enduring Power of Attorney (EPA) if they wished to appoint a trusted person or persons as their Attorney to manage and make decisions about their property and financial affairs.

Although, you can no longer make an EPA they are still valid documents and can be used to assist you with your financial affairs whilst you have mental capacity.

However, should the Attorney have concerns that you are beginning to lose or have lost mental capacity they are under a Duty to register the EPA with the Office of the Public Guardian (OPG).

At this stage, the Attorney must make an application to the (OPG) and notify both you and your close relatives that the application has been made.  The OPG will consider the application and if no objections have been made by you or the people notified in the statutory waiting period of 35 days they will register the document.  The registration process alerts the OPG that you are under a mental incapacity and gives them power to intervene should there be any problems with the management of your affairs.

Whilst your EPA remains valid you should note that it gives your attorneys powers in relation to your property and affairs and not your health and welfare, which can only be given under a Health & Welfare Lasting Power of Attorney.

If you would like to discuss any concerns you have regarding an EPA please contact our dedicated Court of Protection Team who have the skills and expertise to advise or to assist with the application to the OPG, and how to manage someone’s affairs.

 

Rachel Hayes

Posted:

Rachel Hayes

Paralegal

Rachel is a member of the Court of Protection Team. She assists with the general administration of financial affairs under a Power of Attorney, including making applications to the Court of Protection.