Enduring Powers of Attorney

February 9, 2023

What are they?

An Enduring Power of Attorney (“EPA”) is a document which appoints a person, (usually family members) known as the attorney, to manage the property and financial affairs on behalf of another person, known as the donor.

EPAs have now been replaced by Lasting Powers of Attorney, and it is no longer possible to make them. However, any EPAs signed before the 1^st October 2007 are still valid, and it is important to note how and when you can use them.

When can you use an EPA?

Unlike a Lasting Power of Attorney, EPAs can be used by the attorneys whilst they are unregistered and whilst the donor still has capacity. It is important that the EPA is only used whilst the donor still has capacity and with their consent.

Once the donor loses or is beginning to lose capacity, and can no longer manage their own affairs, the attorneys must register the document with the Office of the Public Guardian (“OPG”).

How do you register an EPA?

Firstly, you must check who the attorneys are and how the donor appointed them to act. If the attorneys are appointed jointly, they must all register the document together. However, if the attorneys are appointed jointly and severally, only one attorney needs to apply to register the document, and the remaining attorneys will be notified.

It is also important to note that at least three other family members must be notified that the attorneys intend to register the document. This gives them an opportunity to raise any concerns they have with registering the document. There is a specific order of people to be notified, and they include the donor’s spouse, children, all the way to their cousins. If one person in a category is notified, they must all be notified. For example, it is necessary to notify the donor’s grandchildren and if the donor has 6 grandchildren, all 6 must be notified, even though this is more than the minimum requisite of three. The people notified have to be over 18 and have capacity themselves.

Finally, you must also notify the donor that you are intending to register their EPA. This may be difficult if the donor has lost capacity, however, is an important step in the registration process.

It currently takes around 6-8 weeks for an EPA to come back registered, and attorneys have limited powers whilst the document is being registered. It is important that all the information is correctly supplied, to avoid delays with registering the document.

If you would like assistance with registering an EPA, please get in touch with one of our Wills and Probate Solicitors on 0121 705 7571 (Solihull Office) or 01564779393 (Dorridge Office).

Uzma Rasool
Trainee Solicitor – Wills and Probate Department

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.