Enduring Powers of Attorney Alex Truesdale Wills In Cobham Surrey

Enduring Powers of Attorney

Enduring Powers of Attorney allow you to nominate a trusted friend or relative as your “attorney” (agent) to manage property and money if a loss of mental capacity occurs. However, they have their limitations and, if possible, should be revoked and replaced by Lasting Powers of Attorney.

Alex Truesdale Wills Limited: A professional Will writing and estate planning service based in Cobham with clients throughout Surrey, Guildford, Kent, the South West of England and Wales.

Call: 07887 946557 for advice regarding Enduring Powers Of Attorney, Lasting Powers of Attorney and your wider estate planning matters.

Enduring Power of Attorney

Enduring Power Of Attorney allow you to nominate a trusted friend or relative as your “attorney” (agent) to manage property and money if a loss of mental capacity occurs. However, they have their limitations and, if possible, should be revoked and replaced by Lasting Powers of Attorney.

Alex Truesdale Wills Limited: A professional Will writing and estate planning service based in Cobham with clients throughout Surrey, Guildford, Kent, the South West of England and Wales.

Call: 07887 946557 for advice regarding Enduring Powers Of Attorney, Lasting Powers of Attorney and your wider estate planning matters.

Enduring Powers Of Attorney

Prior to October 2007, people could grant an Enduring Power of Attorney (“EPA”) which would allow a trusted person to act for them if they could no longer manage their finances.

Any EPA remains valid, whether or not it has been registered with the OPG, provided that both the donor of the Power and the Attorney/s signed the document prior to 1 October 2007.

If you begin to lose the mental capacity to manage your finances, your Attorney/s are under a duty to register your EPA with the OPG. Whilst the registration is being processed (which will take a minimum of eight weeks), your Attorney/s can use your finances for essentials on your behalf such as food or regular household bills. However, they will not be able to deal with larger transactions such as the sale of your house until the EPA has been registered.

Drawbacks Of EPAs:


The four biggest drawbacks with EPAs are that:

ο Once the decision has been made to register an EPA, the donor is treated as mentally incapable and must apply to Court to regain control of their finances.

ο EPAs lack the requirement, under an LPA, of a case-by-case assessment by your Attorney of your decision-making capacity.

ο EPAs do not cover health and welfare matters.

ο EPAs do not permit donors to include binding instructions or preferences. This can be particularly problematic where the donor’s assets include funds under discretionary management: in this case we would recommend replacing the EPA with an LPA for Property and Financial Affairs without delay.

Although in practice you and your Attorney might be able to come to an arrangement regarding the day to day management of your finances which would allow you to retain an active role, it would be difficult to establish that you had the sufficient mental capacity to, for example, make or change your Will, or execute an Advance Decision or Lasting Power of Attorney once an EPA has been registered.

Reviewing your EPA

If you already have an EPA in place, or have been appointed as an Attorney under someone else’s EPA, we should be delighted to review it with you and to discuss whether it remains adequate for your needs. We have experience of registering, and revoking, EPAs and can assist Attorneys in this process.

2023-12-04T12:20:30+00:00
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