Enduring Power of Attorney (EPA) & Registration

You may have already thought ahead and made an Enduring Power of Attorney.  The rules regarding Enduring Powers of Attorney are different to those surrounding Lasting Powers of Attorney.

It is no longer possible to create an Enduring Power of Attorney and that has led to many people worrying about whether their documents are valid.  However, if the Enduring Power of Attorney was validly created on or before the 1^st October 2007, then it is still valid and can be used.

An Enduring Power of Attorney can only be used in respect of your property and financial affairs.  It is possible to make a Lasting Power of Attorney in respect of Health & Welfare to run alongside your valid Enduring Power of Attorney. 

Unlike a Lasting Power of Attorney, an Enduring Power of Attorney does not have to be registered with the Office of the Public Guardian before it can be used.  However, there may be a restriction on the Enduring Power of Attorney which states it cannot be used unless the person who made the Enduring Power of Attorney has lost capacity. 

An Enduring Power of Attorney does not need to be registered with the Office of the Public Guardian unless the Attorney(s) have reason to believe that the person who made the Enduring Power of Attorney has become or is becoming mentally incapable of managing their affairs. 

If you are acting as an Attorney for someone under an Enduring Power of Attorney, it is vitally important to be aware of this need to register the Enduring Power of Attorney if the person lacks capacity.  Otherwise, you will not have the authorisation to act on their behalf.   

Registration usually takes about 8 to 10 weeks once the application is lodged with the Office of the Public Guardian.  There are strict rules regarding registration and the time limits involved. 

At Richard Reed our specialist team are on hand to assist with the registration process.