What is an Enduring  Power of Attorney

An EPA is a Legal Document under which you (‘the Donor’) can appoint one or more persons (‘Attorneys’) to act on your behalf. Unlike a normal Power of Attorney which will cease to have effect when the Donor loses capacity an LPA will continue to be effective should the Donor lose the mental capacity to make such decisions at some future time.

An EPA can be used by the Attorney(s) to deal with the Donors financial affairs such as

• buying or selling property,
• managing investments,
• running a business,
• accessing and using your banks accounts, and obtaining financial information.

How to Make an EPA?

Since 1st October 2007, the Mental Capacity Act 2005 has replaced EPAs with a new form of Lasting Power of Attorney (LPAs). More information on LPAs can be found here

Do I need to make and LPA if I already had an EPA

No.

Enduring Powers of Attorney created before 1st October 2007 continue to be valid and do not need to be replaced.

When does my EPA need to be registered?

Unlike the current LPA, an EPA can be used by the Attorney(s) from the date it was created. The EPA only needs to be registered if the Attorney believes that the Donor is losing capacity or has lost capacity.

How do I register an EPA?

In order to register an EPA, notice must be given to certain relatives who are determined under the statutory rules. Once these notices have been served the EPA can be sent to the Office of the Public Guardian along with the registration Fee.

How Can Hart Scales & Hodges Help?

Setfords are able to advise attorneys on the registration process and their obligations to the Donor once the EPA is registered.

Setfords are also able to assist clients who are encountering problems dealing with financial institutions where the EPA that has or  has not been registered 

What does it Cost and how can I find out more?

Everybody’s needs will be different, and as such it is not possible to give fixed fees for pre and post registration work until your individual circumstances are known.

However in respect of registering an Enduring Power of Attorney our costs are as follows:

 
If you would like to discuss your requirements in more detail please call Tamsyn Ward on 01306 884432.