What is an Enduring Power of Attorney (“EPA”)?

An EPA would have been signed no later than September 2007, and this could have appointed one or more Attorneys to be responsible for a Donor’s property and financial affairs. It is important to bear in mind that an EPA does not cover anything related to health and welfare.

When must an EPA be registered with the Office ofthe Public Guardian (“OPG”)?

Attorneys are obliged to have EPAs registered with the OPG if they Donor is losing or has lost mental capacity. It is not possible to register an EPA (unlike Lasting Powers of Attorney) if or until the Donor actually begins to lose mental capacity.

Can an EPA be amended?

No, it is not possible to amend an EPA.

Can an unregistered EPA be activated with banks and other investment organisations?

Technically, an EPA would allow the Attorney or Attorneys to be able to act on behalf of the Donor, while they have mental capacity, and carry out acts they have been authorised to do. However, my experience is that banks are often quite difficult about accepting unregistered EPAs, and as EPAs can only be registered in the event that the Donor is losing capacity, sometimes it is better to consider putting in place a modern Lasting Power of Attorney (Property/Financial Affairs).

What is the procedure involved in registering an EPA?

Various family members must be notified, and there is a pecking order of those that must be told. They must be sent a particular form and then an application form must be completed and sent to the OPG together with a fee of £82 to carry out the registration. The registration procedure normally takes around 6 to 8 weeks to complete.