Enduring Power of Attorney

Lasting Powers of Attorney were introduced in October 2007, replacing the old system of Enduring Powers of Attorney (EPA).

The difference between the two systems is that EPA does not require initial registration.

Any Enduring Power of Attorney, validly made before 1 October 2007, can still be used but only in respect of your property and financial affairs. If you wish to give authority over your health and welfare, you will need to make a Health and Welfare Lasting Power of Attorney.

If a person holds an old Enduring Power of Attorney, this can be used by the Attorney whilst it remains unregistered only if the Donor has mental capacity. If the Donor lacks mental capacity at this stage, the Enduring Power of Attorney would need to be registered at the Office of the Public Guardian (OPG).

To get in touch with us regarding any of the areas below, please contact Clair Dunkerley.