I have an Enduring Power of Attorney…But is it still appropriate?
Emma Longstaff | Associate Solicitor
Enduring Powers of Attorney were replaced by Lasting Powers of Attorney under the Mental Capacity Act 2005.
If you signed an Enduring Power of Attorney before 1st October 2007, they can still be used. Many people have Enduring Powers of Attorney but do not realise that they are still effective.
Most Enduring Powers of Attorney cover general authority in respect of all the donor’s property and affairs. The Attorney cannot act beyond the powers given, and so the Enduring Power, unlike the Lasting Power of Attorney, does not cover Health and Care decisions.
There may be restrictions placed on the Enduring Power of Attorney, that it can only be used if the donor (the person who has made the document) loses capacity. If there is not a restriction the document can be used straight away, with the donor’s permission. This means it can be registered with the banks, for example, so that the Attorney can assist the Donor with certain tasks.
The Enduring Power of Attorney only needs to be registered by your Attorney(s) if it is deemed by them that the Donor is losing or has lost capacity. Losing capacity means that you may not be able to make a decision because of a mental impairment.
If you want to make sure that your Enduring Power of Attorney is still suitable and appoints the correct people as your Attorney(s) or would like to discuss Lasting Powers of Attorney and whether they would now be more suited then please contact our Wills and Probate department: https://www.josiahhincks.co.uk/personal-legal-services/wills-probate/
