Registration of Enduring Powers of Attorney
Before 1 October 2007 it was possible to make an Enduring Power of Attorney when you wished to appoint someone to manage your property or financial affairs.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney can be used by the appointed Attorney(s) only when mental capacity is lost. The person(s) you have appointed can only manage your property and financial affairs where the Enduring Power of Attorney has been registered with the Office of the Public Guardian.
How do I register an Enduring Power of Attorney?
It is no longer possible to make a new Enduring Power of Attorney because from 1 October 2007 they were replaced by Lasting Powers of Attorney. If you think that you might in the future, lose your mental capacity and wish to appoint someone to look after your financial affairs and/or health and care, a Lasting Power of Attorney should be used.
Where an Enduring Power of Attorney was made before 1 October 2007, it can still be registered and, if it is already registered, it will still be valid.
Can I use an unregistered power of attorney?
You can use an unregistered power of attorney, providing that you still have the mental capacity to make that decision.
What is the difference between Enduring and Lasting Power of Attorney?
- There are several differences between Enduring and Lasting Powers of Attorney:
- With a Lasting Power of Attorney, you will not need court approval when the individual in question loses mental capacity. All you will need to do is register it with the Office of the public guardian
- The only way to activate a Lasting Power of Attorney is to have a witness confirm that the individual granting their power has lost mental capacity.
- With an Enduring Power of Attorney, this could be assigned to multiple people, whereas with an Lasting Power of Attorney, this is only assigned to one person.
- A Lasting Power of Attorney can make decisions about an individual’s living situation as well as medical treatment. With an Enduring Power of Attorney, you cannot make changes to an individual’s living arrangements.
- Finally, an Enduring Power of Attorney becomes valid as soon as it is signed, whereas a Lasting Power of Attorney has to be registered before it becomes valid.
At Eric Robinson Solicitors our expert team of lawyers can:
- Advise you in respect of all aspects of Enduring Powers of Attorney including when they may be used and whether they are valid.
- Deal on your behalf with the registration of an Enduring Power of Attorney at the Office of the Public Guardian.
- Assist you with the process of advising the maker of the Enduring Power of Attorney, family members and other appointed Attorneys of an application to register at the Office of the Public Guardian.
- Where your primary aim is to appoint someone to manage your health and welfare we can prepare a Lasting Power of Attorney
What will be the cost of registering an existing Enduring Power of Attorney?
Our Fixed fees:
|General Power of Attorney||£295.00||£59.00||£354.00|
|Registration of existing Enduring Power of Attorney (EPA)||£595.00||£119.00||£714.00|
|Registration of existing unregistered LPA||£395.00||£79.00||£474.00|
|Office of the Public Guardian Fee on registration (price per document, unless eligible for fee remission or exemption)||£82.00||N/A||£82.00|
|Certification (price per document drafted by Eric Robinson Solicitors)||£25.00||£5.00||£30.00|
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