Enduring power of attorney (EPA)

When can an Enduring Power of Attorney be made?

You can grant the power at any time provided you are over 18 years of age and mentally capable of understanding what the Enduring Power of Attorney is.

How do I appoint an Attorney?

It is advisable to seek legal advice as careful consideration should be given to the range of powers you wish to give to your attorney. These should also be agreed with your attorney.

Do I have to give my Attorney full powers over all my affairs?

No. You can limit the power to certain parts of your affairs, for example, you may wish them to handle your money but you might want to exclude the sale of your dwelling house from their power.

When does the power take effect?

It takes effect as soon as the attorney signs unless you have included any conditions or restrictions about when the power should commence.

Can I change my mind at any time?

Yes. You can cancel or amend the Enduring Power of Attorney at any time while you are mentally capable. For example if the attorney you have chosen dies or becomes incapable or no longer wishes to act on your behalf you will need to appoint a new attorney.

To cancel a registered EPA you must show the Court of Protection:

  • that you understand who the attorney is and what powers they have
  • that you understand the effect of the cancellation
  • why the EPA needs to be cancelled

What happens if I become mentally incapable?

If your attorney(s) have reason in the future to believe that you are becoming mentally incapable of managing your affairs they will have to apply to the High Court (Office of Care and Protection) for registration of this power. You will receive notification of the attorney’s application to the court. The court may question the attorney’s handling of your affairs and may cancel his power at any time if it is not satisfied that the attorney is acting in your best interests.

An EPA is revoked if you or the appointed attorney becomes bankrupt.

THE FINANCIAL CONDUCT AUTHORITY DOES NOT REGULATE LEGAL SERVICES.

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