Although these have been replaced by Lasting Powers of Attorney since 1 October 2007, valid Enduring Powers of Attorney made before 1 October 2007 can still be used at any time on the Donor’s authority whilst the Donor has capacity. The EPA should be registered at the Office of the Public Guardian if the Donor has become or is becoming mentally incapable of managing their property and financial affairs. If the deed is not registered, the Attorney may be accountable for inappropriate use of the Deed.
We can assist with the preparation and submission of the application to register the EPA with the Office of the Public Guardian. We can also advise Attorneys in connection with their role and obligations.
We recommend the Law Society’s guide to financial matters for the elderly which contains reference to these issues.