Enduring powers of attorney

Wendy Scarr B.A. (Hons) TEP
0113 320 5000
wills@winstonsolicitors.co.uk

Wendy Scarr has recently joined our Private Client department. A STEP qualified solicitor, she is experienced at drafting complex wills, creating trusts and conducting probate work for high net worth individuals. Read more about Wendy and the wills, trusts and probate team.

Existing EPA's

Since 1st October 2007 it has not been possible to create a new Enduring Power of Attorney.

However, any valid EPA signed before 1 October 2007 remains effective.

Registration of an EPA

An EPA can have immediate legal effect which means that Attorneys can begin to act at any time.

In the event of the Donor becoming mentally incapable, the Attorneys are under a duty to register the EPA with the Court of Protection. If their application is successful the Donor will not be able to revoke the EPA unless he or she regains mental capacity.

The scope of EPAs is limited to the management of finances and property only. EPAs have been replaced by Lasting Powers of Attorney which are new, more comprehensive and inevitably more expensive. LPAs have many advantages, including the ability for Attorneys to act in relation to the Donor's personal welfare.

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