• gw@willsandtrusts.co.uk

Will Writing, Trusts, LPA and Probate services provided across Wiltshire and Gloucestershire with home visits on request

01666 744002

01793 939793

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Is your Enduring Power of Attorney valid and sufficient?

If you have an existing Enduring Power of Attorney, it cannot be registered until you start to lose mental capacity. It is therefore worth checking to make sure it is valid, and that it is suitable for your needs.


Ensure your Enduring Power of Attorney Is both valid and sufficient for your needs

can this lady rely on her EPA or should you replace it with one or both LPA's

Enduring Powers of Attorney (EPAs) were replaced on 1st October 2007 with Lasting Powers of Attorney (LPAs). An EPA can still be used however it is important to check that it is valid because if it is not, and you only find out when you try to register it, then it will be too late to do anything about it. Also, there are a few very important limitations that you should be aware of.

Is your EPA Valid?

For a EPA to be valid please check the following (this is not an exhaustive list, and if you want us to check your EPA document, we will be more than happy to do so):

  • That the donor (the person who the EPA is for) was aged over 18 and had mental capacity when the document was signed.
  • That the EPA was signed and witnessed by the donor and all of the attorneys had signed too. All signatures needed to be dated before 1st October 2007
  • The attorneys all needed to be 18 or over when they signed the EPA, and they must not have been bankrupt at the time or since.
  • If attorneys have been appointed to act jointly, if any attorney cannot act, then the EPA will not be Valid. If this happens after the registration the EPA will end.

Limitations of an EPA

You should consider the above information, and the limitations below. You may decide that a Property and Financial Affairs LPA might be a better option for you compared to the Enduring Power of Attorney. You may wish to make a Health and Welfare Lasting Power of Attorney too.

  • The EPA only applies to Property and Financial Affairs. It does not apply for health and welfare, whereas a Health and Welfare LPA does. If an EPA attorney needs to make health and welfare decisions on your behalf and there is not a Health and Welfare LPA in place they will need to make an application to the Court of Protection which will cost many times more than a Health and Welfare LPA. More information can be found here
  • Both a LPA and an EPA take around 8 to 10 weeks to register. However LPAs can be registered straight away, and EPAs can only be registered once the donor starts to lose capacity. It is important that the Attorney does not have a delay before they can start making decisions, let alone an 8 to 10 week delay. It might be sensible for a doner to make a LPA to replace the EPA and register it straight away so that it can be used straight away when required.

Goodwills can help

Goodwills is a regulated law firm which has help clients make over 15,000 LPAs or EPAs since 2003. We have experience of dealing with the Office of the Public Guardian on a daily basis. We are the law firm of choice to help you make and register your LPAs.

Depending on your income, the EPA and the LPAs will have the same registration fee of £82. If you wanted the Attorneys to have more control over decisions, you should consider the Health and Welfare LPA. If you want them to be able to act straight away, as the most important decisions usually need to be made at the outset of you losing capacity, then the LPA could be much more valuable.

Our professional fees for the Health and Welfare LPA or the Property and Financial Affairs LPA is £220 plus you will need to pay the £82 registration fee. We can complete both and register these for you for a professional fee of £400, plus registration fees of £164.

You can visit us in our office on Malmesbury High Street. Alternatively we can visit you in your home for no extra cost within a 25 miles radius of Malmesbury.

Call us today on 01666 744002 or email us at gw@willsandtrusts.co.uk to make an appointment or for further information.