Release date: September 2003

Just as important as making a Will to sort out your affairs when you die, is it to make sure your affairs are looked after during your lifetime if you are incapable of doing it yourself.

Enduring Power of Attorney (EPA) is the authority for one or more individuals to act legally for another person. It can become immediately effective, or upon evidence of loss of mental capacity of the donor who gave the power.

The donor’s original instructions determine the extent of the attorney’s authority. For example, the authority can be unlimited to deal with all the donor’s financial affairs, or limited to deal with specific matters. The power may be withdrawn at any time in writing.

The EPA must be registered with the Public Guardianship Office, once the attorney has notified both the donor and certain family members, if there is evidence of a loss of mental capacity.

" If a parent, for example, no longer has the mental capacity to execute an enduring power of attorney, the only way in which the children or others can take over the management of the parents’ affairs is for a Receiver to be appointed from the Court of Protection. This invariably would be costly and time consuming. "

says Iain Robson, solicitor specialising in Wills and Probate at Close Thornton Solicitors in Darlington. He adds,

" it is therefore never too early to appoint an attorney, particularly as the power need come into effect only if necessary. "

Iain Robson leads an experienced Wills and Probate team at Close Thornton Solicitors, providing practical and professional advice on a broad range of legal issues. This article is not intended to be an exhaustive statement of the law or a substitute for seeking specific advice. For further information please Iain Robson on 01325 466461 or email iain.robson@close-thornton.co.uk.

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