Enduring power of attorney
Encyclopedia
An enduring power of attorney (EPA) under English law is the legal authorization to act on someone else's behalf in a legal or business matter. From 1 October 2007 the EPA has been replaced by the two forms of lasting power of attorney
(LPA), and no new EPAs can now be drawn up; however, one signed before that date and not yet registered may still be registered, through the Office of the Public Guardian
which will provide information about the procedure including the fee payable. Unlike a basic power of attorney
, an enduring power of attorney (and an LPA) does not come to an end if the donor becomes mentally incapable of managing his or her own affairs.
The attorney must be 18 years or age or older and must not be bankrupt. The EPA gives the attorney the power to dispose of property, deal with financial affairs, sign documents and make purchases on behalf of the individual and make usual gifts. The attorney does not have the power to make substantial or unusual gifts, or make decisions about personal care and welfare.
Lasting Power of Attorney
Lasting powers of attorney in England and Wales were created under the Mental Capacity Act 2005 of which copies are available online, and came into effect on 1 October 2007. The LPA replaced the former Enduring Powers of Attorney which were narrower in scope...
(LPA), and no new EPAs can now be drawn up; however, one signed before that date and not yet registered may still be registered, through the Office of the Public Guardian
Office of the Public Guardian
The Office of the Public Guardian in Scotland, is a public body based in Falkirk as part of the Scottish Court Service, established in April 2001 following the passing of the Adults with Incapacity Act 2000.-History:...
which will provide information about the procedure including the fee payable. Unlike a basic power of attorney
Power of attorney
A power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...
, an enduring power of attorney (and an LPA) does not come to an end if the donor becomes mentally incapable of managing his or her own affairs.
The attorney must be 18 years or age or older and must not be bankrupt. The EPA gives the attorney the power to dispose of property, deal with financial affairs, sign documents and make purchases on behalf of the individual and make usual gifts. The attorney does not have the power to make substantial or unusual gifts, or make decisions about personal care and welfare.