24 May 2019
An Enduring Power of Attorney (EPA) is a legal document by which you appoint someone to act on your behalf. They are referred to as your "Attorney". Attorneys appointed under an EPA can assist with your property and finances. Often family or friends are appointed. However you can have professionals instead. Your Attorneys assist and make decisions for you when you are unable to deal with things yourself.
An EPA is registered when you begin to lose the ability to manage your own finances. Your Attorneys will register the EPA by serving notices and making an application to the Office of the Public Guardian.
The Mental Capacity Act 2005 came into effect in 2007 and the EPA system was replaced by the Lasting Power of Attorney (LPA) system.
New EPAs can't be made and you can’t amend an existing EPA. However you can still register existing EPAs when the time is right.
Some people have chosen to scrap their EPA and make a new set of LPAs. This is because LPAs are more flexible.
Attorneys appointed under an EPA can only assist you with your property and finances. In contrast Attorneys appointed under a Health & Welfare LPA can also help you with personal matters such as your care and medical treatments.
You can supplement an EPA and give your Attorneys the ability to make decisions in regard to your care and medical treatment by making a new Health & Welfare LPA too.
However it can be confusing to use both the EPA and LPA systems at the same time.
LPAs are usually registered as soon as they are signed. This is so that the lengthy registration process (between 8-12 weeks) is completed before any problems develop.
However EPAs are only registered once you show signs of being unable to manage your own finances i.e. after problems have developed.
Example:
Mrs Thomas made an EPA in 2004 appointing her daughter Maria to help with her property and financial affairs when she has lost capacity. In 2019 she also makes a H&W LPA appointing Maria to assist with health and care decisions. The LPA is registered in 2019 so it is ready to be used. However Maria doesn’t register the EPA until 2025 when Mrs Thomas begins to struggle to look after her finances.
If you would like more information about power of attorney please call one of our Bournemouth and Christchurch offices.
Please note this is not legal advice. It is intended to provide information of general interest about current legal issues.
