Enduring power of attorney (EPA)

Existing documents remain valid and will need to be registered with the Office of the Public Guardian when the donor ‘is becoming or has become mentally incapable of managing their own financial affairs’.

Until the EPA is registered, the donor can revoke the power at any time. If the donor regains capacity registration can be reversed.

Registration of the enduring power of attorney

Before registration can be carried out it is necessary for the attorney to give notice to the donor and to certain near relatives of the donor. This is to allow any objection to the application to be raised and considered by the Office of the Public Guardian.

Assuming that no successful objection is made, the Office of the Public Guardian will register the EPA and the full authority of the attorney will be effective.

Once registration has taken place the attorney may act for the donor in respect of their financial affairs without having to refer to the donor for consent.

The authority of the Court of Protection may be necessary in relation to certain decisions which exceed the statutory powers given to attorneys.

For further guidance on the difference between enduring and lasting powers of attorney, contact a member of our team.