Whilst these documents are no longer available to make, existing Enduring Power of Attorney (EPAs) are still perfectly legal and can be used in connection with the Donor’s property and financial affairs (subject to any restrictions which might apply).
The process of registering an EPA is in complete contrast to Lasting Powers of Attorney. which were brought into use in October 2007. The old style EPAs can be used by the Attorneys, with the Donor’s permission, and only need to be registered with the Office of the Public Guardian if the Attorneys have reason to believe that the Donor is losing, or has lost, mental capacity to manage their affairs.
If this is the case, then we are able to assist in dealing with the registration process which includes the application to the Office of Public Guardian and notifying relevant people. Some people are unaware that, once the EPA is registered, it will deprive the Donor of the freedom to manage their own property and affairs and so it is very important that the decision to register is taken with the utmost care. If there is any doubt, a Doctor’s report can be requested.