Enduring Powers of Attorney (EPA) were replaced by Lasting Powers of Attorney in October 2007. Any Enduring Powers of Attorney that were created prior to this date are still effective and valid. Quite often we come across people with an Enduring Power of Attorney who have now lost capacity and the Attorneys appointed in there need to begin acting.
Under the old EPA system, it is necessary to register the Enduring Power of Attorney with the Office of the Public Guardian when the person has become or is believed to be becoming mentally incapable. The private client team here at Butcher & Barlow are able to advise on the rules relating to Enduring Powers of Attorney, which differ to the current rules, as well as assisting with the registration of the documentation where appropriate.
Enduring Powers of Attorney relate solely to the financial affairs and are the equivalent of the current Lasting Power of Attorney property and financial affairs documentation. The Enduring Power of Attorney does not provide any authority in relation to health and welfare and those who have an Enduring Power of Attorney in place should also consider entering into a Lasting Power of Attorney for health and welfare in order to ensure that everything is covered.
At Butcher & Barlow we have an expert team of Lawyers who have a wealth of experience in relation to advising on matters of this nature and you should not hesitate to contact one of our team below should you require a meeting to discuss this further.