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Enduring Powers of Attorney

What is an Enduring Power of Attorney (EPA)?

An EPA is a legal document where the donor appoints a person/people to make decisions regarding their finances and property on the donor’s behalf if they are unable to due to a lack of capacity.

When does an EPA need to be registered?

You must register an EPA as soon as the donor begins to lose mental capacity.

How do you register an EPA?

There is a three-stage process for registering an EPA, which is:

  1. Inform the donor, their family members and all attorneys that you intend to register the EPA
  2. Complete the application to register the EPA
  3. Send the application, EPA document and fee to the Office of public guardian to be registered.

Does an EPA cover decisions about my health and care?

No, EPAs only cover property and financial decisions.

Can you amend/update an Enduring Power of Attorney?

No, EPAs cannot be amended/updated. If you have an unregistered EPA and you would like it to be changed then you will need to consider setting up an LPA.

Can I set up a new EPA?

No, since October 2007 a new EPA cannot be made.

Is my Enduring power of attorney still legal?

An Enduring Power of Attorney is legal and able to be used as soon as it has been registered. Since October 2007 new EPAs cannot be created but that doesn’t affect the legality of those created before that time. 

Can enduring powers of attorneys be cancelled/revoked?

If you have capacity and your EPA has not been registered, you can cancel the EPA by signing a deed of revocation. You and a witness must sign the deed of revocation and inform the attorney(s) that you are cancelling the document.
If an EPA has been registered, you can apply to the Court of Protection to cancel the EPA. There is a fee to be paid to the Court of protection and it is currently £365.
 

To discuss your personal circumstances, enquire about making an appointment please call us on 0113 320 5000 or email wills@winstonsolicitors.co.uk.

Evening appointments are available on Wednesdays 5pm until 7pm so you have time to make your will or LPA. Booking essential! Call 0113 320 5000 to book your evening appointment.

Have you made your will? Do you know what will happen if you died without a will?

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