Contact one of our advisors now Call 0800 088 6004

What are my duties as an Attorney for an EPA?

Reasons to choose Wilson Browne

Being an attorney for a loved one can be a bit of a minefield!

It can be very difficult to know if, how and/or when to start in your appointed role so the below sets out when an Enduring Power of Attorney should be put into action.

Enduring Powers of Attorney (EPA) is the legal predecessor to the Lasting Power of Attorney (LPA). As of 1st October 2007 EPA’s were no longer created and LPA’s made instead. If an LPA has not been made, any EPA made before that date is still valid.

An EPA should not be registered whilst the person it relates to (the donor) has the required mental capacity to manage their property and financial affairs. The EPA can be used by the attorneys as long as they receive permission from the donor to do so.

If however the donor has lost or is losing the required mental capacity to manage their property and financial affairs then that consent is no longer valid. At this point registration of the EPA is required for it to be used.

The EPA needs to be registered with the Office of the Public Guardian by one or all of the attorneys with the relevant paperwork completed. It is at the discretion of the attorney as to when they think that the donor has lost or is losing mental capacity but they may prefer to obtain the advice of a medical professional.

The registration process can take 2-3 months or longer if the paperwork and/or registration procedure has not been completed correctly by the attorney.

Jamie Christie and the care funding team at Wilson Browne Solicitors can deal with the full registration of the Enduring Power of Attorney on your behalf. We provide expert advice to attorneys and loved ones on these issues and many others.

If you need help with an Enduring Power of Attorney, call for a free initial discussion.

Jamie Christie

Posted:

Jamie Christie

Trainee Legal Executive

Jamie is an associate member of the Charted Institute of Legal Executives and has 6 years experience advising clients as a part of the Court of Protection team. Jamie is also an expert in care fees funding and Continuing Healthcare.