Enduring Power of Attorney
Enduring Power of Attorneys were replaced in 2007 with the Lasting Power of Attorneys, so If you want to nominate someone to manage your affairs in the event that you have lost capacity, you should create Lasting Power of Attorneys.
If you already have an Enduring Power of Attorney, but it was signed after 1st October 2007, then it is not valid and you will have to replace it with a Lasting Power of Attorney for Property and Financial Affairs.
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There are two types of Lasting Power of Attorney, one is the Property and Financial Affairs Lasting Power of Attorney, and the other is the Health and Welfare Lasting Power of Attorney. Please note that the Enduring Power of Attorney only deals with your property and financial affairs and does not cover your health and welfare, so you should also set up a Health and Welfare Lasting Power of Attorney.
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If your Enduring Power of Attorney has been executed correctly, the Enduring Power of Attorney can still be used subject to it having been signed prior to 1st October 2007, however we would urge anyone with an Enduring Power of Attorney to replace it with a Lasting Power of Attorney for Property and Financial Affairs.
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If the donor, that is the person who made the Enduring Power of Attorney, has started to lose capacity, you must register the Enduring Power of Attorney right away with the Office of the Public Guardian.
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Please contact us if you require professional assistance registering the enduring Power of Attorney.
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Lasting Power of Attorneys offer greater safeguards and protections for donors than Enduring Power of Attorneys so we suggest anyone with an Enduring Power of Attorney to replace this with a Lasting Power of Attorney.
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For more information on any of the information above please contact our friendly team for free, confidential advice.
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