Non-motoring > Power of attorney Miscellaneous
Thread Author: Mapmaker Replies: 8

 Power of attorney - BrianByPass
>> validity of the old Enduring PA

information on the new LPA is widely available, including on gov.uk .

However, below explains the validity of the old EPA if you already have one:

www.hcrlaw.com/blog/is-an-enduring-power-of-attorney-still-valid/

"It can often come as a surprise to clients that although a new Enduring Power of Attorney (EPA) can no longer be created, if a person made a validly executed EPA before October 2007 it can still continue to be used.

Lasting Powers of Attorney (LPAs) have now replaced EPAs and come in two types: one for property and financial affairs and one for personal health and welfare matters. Both EPAs and LPAs are documents which appoint a person, an attorney, to manage their affairs when they are no longer able to. A person who still has capacity can either consider putting a new property and financial affairs LPA in place or can keep their existing EPA.

Unlike an LPA an EPA can be used even when it is not registered, provided that the person giving the power (donor) still has the mental capacity to manage their own affairs. Once the donor is, or is becoming, mentally incapable of managing their finances then the attorney has a statutory duty to register the EPA with the Office of the Public Guardian. In practice an attorney will find, however, that banks and other institutions increasingly demand that an EPA be registered before they will accept it.

The process of registering an EPA requires the notifying of certain categories of relatives. Once the EPA is registered the donor is considered as no longer able to manage their own affairs. This means that the attorney is fully responsible for the donor’s property and financial affairs and is accountable to the Office of the Public Guardian."
 Messages Author Date
 Power of attorney  new Mapmaker 6 Jun 17 10:05
 Power of attorney  new BrianByPass 6 Jun 17 10:38
 Power of attorney  new BrianByPass 6 Jun 17 10:58
 Power of attorney  new Cliff Pope 7 Jun 17 08:23
 Power of attorney  new Zero 6 Jun 17 10:52
 Power of attorney  new Mapmaker 7 Jun 17 09:42
 Power of attorney  new Zero 7 Jun 17 10:35
 Power of attorney  new Cliff Pope 7 Jun 17 13:45
 Power of attorney  new Zero 7 Jun 17 19:32
Latest Forum Posts