Enduring Powers of Attorney Explained
Enduring Powers of Attorney were available from 1971 to 2007.
In 2007 the Lasting Power of Attorney – Property and Affairs was introduced. This document replaced the Enduring Power of Attorney “EPA”.
A correctly completed EPA can still be used today.
Operational Differences
Unlike a Lasting Power of Attorney – Property and Affairs, which replaced the EPA, the EPA can be used by the attorneys without the document being registered with the Office of the Public Guardian provided that the donor (i.e. the person who signed the document originally) is of sound mind.
If the donor is not of sound mind then the attorneys must register the EPA with the Office of the Public Guardian, immediately.
Drawbacks
The requirement to register the EPA at the time the donor has lost their mental capacity is a weakness in the process.
The problem is that as the donor has lost their mental capacity their attorneys (technically) cannot act for them until the EPA has been registered with the Office of the Public Guardian. Registration often takes up to 8 weeks; that is eight weeks during which time (technically) no one can make a decision for the donor.
Should You Make an LPA Property and Affairs?
There are definite advantages to having a LPA Property and Affairs over the old style Enduring Power of Attorney. But there are disadvantages too.
To discuss the pros and cons of upgrading to an LPA Property and Affairs please call us.
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