Enduring Power of Attorney – Solicitors in Gosforth Serving Newcastle upon Tyne, the North East and Nationally
An Enduring Power of Attorney (often shortened to EPA) was the document by which an attorney was appointed before October 2007, when the current regime of Lasting Powers of Attorney was introduced.
As a result, new EPAs can no longer be created, however if an EPA was made before October 2007 it can still be used.
We understand that this historic process must be difficult to get to grips with, at what is undoubtedly already a very difficult time for you and your family. For instance you may be the donor of an EPA document and want to cancel it because you no longer want the Attorneys to have the power to make decisions on your behalf. You should be aware that by cancelling the EPA, no one would then have such authority to make decisions on your behalf and so it is advisable to consider replacing the old EPA with a new LPA [link to LPA]
Or, you may be an Attorney of an EPA and are not sure what you can or cannot do with the power that has been given to you.
At Birch & Co we have Specialist Solicitors who understand how difficult talking about such matters can be. As a result you can be sure we will deal with you in a sensitive and friendly manner, all the while ensuring a professional and efficient service is given. Please call us on 0191 284 5030 or complete a Free Online Enquiry and we will soon be in touch.
We are based in Gosforth with parking facilities as well as easy access to the Metro at Regent Centre and a bus stop outside the office although can act for family members located anywhere around the UK. We strongly recommend that you contact us before you start the estate administration so that we can help guide you further.
We can save you a lot of money and stress.
We have a 5 star rating on Google for the quality of our service and 99% of our clients are completely satisfied and would recommend Birch & Co to others. Please read some of our current clients’ Testimonials below of what they think of us. We hope that you feel the same way once we have looked after you.
The EPA document was simpler than an LPA is, with just the signatures of the donor and attorney(s) required on the form. Furthermore, there was no requirement for it to be registered before it could be used, however, IF the donor starts to lose or has lost mental capacity then it MUST be registered AND the attorney(s) can no longer make decisions until registration of the EPA is complete.
As with registration of LPAs, this is usually just a paper exercise with the relevant documents being sent to the OFFICE OF THE PUBLIC GUARDIAN although notice needs to first be given to certain people, of the intention to apply for registration.
One of the people that notice needs to be given to is the donor.
While the other people to be notified can be sent their notices in the post, the donor must be notified in person by the Attorney(s) intending to register the EPA
Anyone served with notice can object to the registration of the EPA but only on one of the following grounds:
the EPA document is not valid, in that it was not properly signed and witnessed;
the Donor lacked capacity to make it;
the EPA no longer exists, for example it has been cancelled (which can only be done at a time while the donor has the mental capacity to make this decision);
the application is premature;
because the Donor is not yet becoming mentally incapable;
that fraud or undue pressure was used to induce the Donor to create the EPA;
the Attorney is unsuitable to act on behalf of the Donor.