Powers of attorney – “Enduring” or “Lasting”?

From 01 October 2007, it has not been possible to make new Enduring Powers of Attorney (EPAs), as they have been superseded by Lasting Powers of Attorney (LPAs).  However, EPAs already in existence before 01 October 2007 are still legally valid – though some banks seem to struggle with this concept, thinking only LPAs can be valid now: referring them to the website of the Office of the Public Guardian at register-an-enduring-power-of-attorney to show that EPAs can still be registered should convince them that EPAs still do have a role to play.

A pre-October 2007 EPA is (in my view) better than an LPA because –
(a)    it is not registerable unless and until the donor becomes mentally incapable of managing their own affairs; until then, it can be used as an ordinary power of attorney, but must be registered if it is to be used once the donor has become mentally incapable. An LPA, on the other hand, must be registered before it can be used, and this process is not cheap.
(b)    it is a simple, easy to understand, document; an LPA is a multi-page form that is not so straightforward
(c)    it is a single document; there are two types of LPA (one for property and affairs, the other for health and welfare) which adds further complication and cost

That said, because some institutions do not understand the fact that pre-October 2007 EPAs are still valid, it is sometimes simpler in the end to make and register a new LPA, and we would, of course, be happy to help with this if you decide it is necessary, and if you do not want to download the forms yourself from Lasting Powers of Attorney forms to complete and submit them yourself.

My earlier blog, with background information on powers of attorney generally, may also be useful.

As ever, if you have any questions, I will do my best to help.

– Justin Nelson – 01580 767117

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