Interested in Making an Enduring Power of Attorney?
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Enduring Power Of Attorney
Before October 2007, a person (called the Donor) could grant an Enduring Power of Attorney to appoint someone (called the Attorney) to make decisions regarding the Donor’s financial and property affairs. The Attorney can make decisions on behalf of the Donor whilst they have mental capacity, but can also be used when the Donor lacks mental capacity.
From the 1st October 2007, Enduring Powers of Attorney were replaced with Lasting Powers of Attorney. If you are thinking of making an Enduring Power of Attorney, you will have to make a Lasting Power of Attorney instead.
Already Made An Enduring Power Of Attorney?
Enduring Powers of Attorney that were created prior to 1st October 2007 are still legally valid. Does an Enduring Power of Attorney have to be registered? Yes, if the Donor loses mental capacity to manage their financial and property affairs, the Attorney is under a duty to register the Enduring Power of Attorney.
However, an Enduring Power of Attorney only relates to property and financial affairs and does not cover health and welfare decisions, including medical issues. If an Enduring Power of Attorney has been made it is still possible to make a Lasting Power of Attorney to deal with the Donor’s health and welfare decisions.
So in essence, a person could have an Enduring Power of Attorney dealing with their property and financial affairs, and additionally a Health and Welfare Lasting Power of Attorney dealing with their healthcare.
Need To Register An Enduring Power Of Attorney?
If an Attorney appointed under an Enduring Power of Attorney believes that the Donor has lost or is losing their mental capacity then the Attorney will need to register the Enduring Power of Attorney. We can complete the registration of an Enduring Power of Attorney for you. Wherever you are in the UK, please call us for a free no obligation chat at an of our offices, Corby 01536 276322, Kettering 01536 311690 or contact us online.