Enduring Powers of Attorney (EPA)

10 January 2012



While EPAs can no longer be made, any that were correctly executed before October 2007 remain valid.

The loss of capacity can often be a slow process and the EPA can be used in two stages:

• while the person who made the EPA (the donor) still has capacity but starts to need some help to deal with their financial affairs, the EPA can be used like a General Power of Attorney;

• however, once the donor has lost mental capacity, the attorneys must register the EPA with the Office of the Public Guardian to ensure that the donor is protected.

Once the power is registered the donor will not be able to deal with any of their financial affairs and it is the attorneys' duty to ensure that all financial matters are dealt with by them.

B P Collins can help you register EPAs and advise on its use (and limitations) once registered.

For more details, please contact our elderly client specialist Paul Lowery on 01753 279059, complete the online enquiry form or email elderlaw@bpcollins.co.uk.