Until October 2007 it was possible to appoint an Attorney using an Enduring Power of Attorney (EPA). Since 1st October 2007 new EPA’s cannot be made, but an EPA made before October 2007 that complies with the rules that applied at that time is still valid and can still be used (even if you are told otherwise!).

An EPA can only allow an Attorney to deal with property and financial matters. The Attorney can manage bank accounts, pay bills, arrange investments and buy and sell houses. The Attorney cannot make decisions about whether the Donor should have medical treatment or move into residential care.

As soon as an EPA is signed it can be used, much in the same way as a General Power of Attorney. However if at any time the Donor becomes, or is becoming mentally incapable of managing their own financial matters the EPA must be registered with the Office of the Public Guardian. The Attorney does not have legal authority to continue using the EPA if it should be registered, although it can be used to do limited things whilst the registration process is taking place. Contact Whitaker Firth for clear and independent advice.