Lasting Powers of Attorney
Lasting Powers of Attorney
These came in effect on the 1st October 2007. They are not valid until registered with the Office of the Public Guardian. This can take 3 months or longer Prior to that date you could execute an Enduring Power of Attorney (EPA)
EPA
An EPA appointed attorneys to deal with your financial affairs only. An attorney under an EPA cannot make decisions concerning a persons personal welfare. An EPA did not need to be registered at inception to be valid. EPA’s granted before 1st October 2007 remain valid.
Is your EPA valid?
A number of issues may exist which could affect the validity of your EPA:
it may have been executed after the 1st October 2007. In which event it’s invalid.
the form may not have been properly completed. As they didn’t need to be registered an error can go undetected. If the attorney’s have not signed them, they are invalid. They may also contain conditions which are unworkable. Where joint attorneys have been appointed and one has died the EPA may no longer be valid.
where spouses have only appointed each other a time will arrive where the surviving spouse has no attorney.
the named attorney may have died or no longer be able or willing to act.