Enduring Powers of Attorney (LPAs) were introduced by the Mental Capacity Act 2005 from 1st October 2007 and replaced the old style Enduring Power of Attorney as a method by which one person can appoint another to make decisions in advance of losing capacity. Enduring Powers, However, an EPA executed by the person giving the power (‘the donor’) and all the attorneys before 1st October 2007 remains valid. Where attorneys have been appointed jointly and severally and an attorney has failed to execute his part of the form, the EPA will remain valid in favour of the other attorneys.
Registration of an Enduring Power of Attorney
In the event that the donor is or becoming mentally incapable, the EPA must be registered with the Office of the Public Guardian. If it is not registered, the power is the voided by the supervening incapacity of the donor. Registration also provides some safeguards against misuse, as various steps must be undertaken before the Office of the Public Guardian will register the EPA.
An attorney has a duty to apply to the Public Guardian for registration of the EPA as soon as practicable once he has reason to believe that the donor is or is becoming mentally incapable.
The effect of registration
Once an EPA is registered the attorney(s) have authority to act within the scope of the power, and the EPA cannot be revoked by the donor without the confirmation of the Court of Protection. The court has jurisdiction to supervise, restrict, revoke or supplement the powers of attorney contained within the EPA, and in the event that the EPA is revoked, direct that a deputy is appointed. The attorney may also apply to the court for a substantial gift to be made and has the standing to apply for a statutory will or for the court to exercise any other powers available to it.
Our services include:
- Registration of Enduring Powers of Attorney
- Advising Attorney’s on the scope of their powers
- Applications to the Court of Protection
Please call our mobile friendly number on 033 33 22 1000 or 0800 9878156 or send us a message for further information.
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