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London Office
Grove House
551 London Road
Isleworth TW7 4DS
Phone: 0845 241 9942
Fax:     0845 241 9943

As of October 2007 the EPA is to be replaced by a new Lasting Power of Attorney LPA  which come in 2 forms. The first deals with decisions over health and welfare. The second deals with property and money as before.

An Enduring Power of Attorney (EPA) is a legal document which enables the person of your choice the power to manage your financial affairs and property if you were unable to now or in the future.

An Enduring Power of Attorney is the only document which gives this power after mental incapacity such as a stroke. It has to be registered with the court of protection.

A donor is the person making the Power of Attorney.

An attorney is the person the donor appoints to act.

Who needs one?

  • Anyone who has assets in their sole name or owns shares in a property
  • Anyone who owns investments, like Tessa's or Peps or ISA's
  • Anyone who has Bank or Building Society accounts in their own name

You cannot complete one after the event

In the event of an accident, illness or a problem abroad

  • All assets are frozen
  • Access is prohibited
  • Delay in dealing with bills then the Court of protection is the only option
  • A receiver is appointed and charges are incurred.

   Explanation

If a person becomes mentally incapable of running his/her own affairs then the Court of Protection or Public Guardianship Office takes over. This can be an intrusive, lengthy and costly procedure. However, the situation can be avoided by the appointment of an Enduring Power of Attorney which is a simple document legally authorising one or more people you trust, to act on our behalf. This differs from a simple power of attorney who would be unable to deal with the situation.
 

   Signing

With regard to the signing of the enduring power, the donor must sign first and his or her signature must be witnessed by an independent witness. The witness need not know of the EPA's details.