Since 2007, there is no enduring power of attorney form, it has been replaced by the new lasting power of attorney. If you wish to create a document to allow a relative or friend to handle your affairs if you ever become unable to do so, you'll need lasting power of attorney forms.
The system changed as a result of the Mental Capacity Act 2005, where the new Court of Protection was introduced to protect vulnerable people and handle the administration of power of attorney. More measures have been put in place to safeguard vulnerable people and prevent against cases of fraud. The Court of Protection aim to offer a more flexible, personalised approach.
Is my enduring power of attorney form still valid?
If you have an EPA that was signed before the 1st October 2007 then, yes the document is still valid and can be used when registered.
If you're concerned, contact IWC on 0800 612 6105.
How do I Register an EPA?
You may need to use an enduring power of attorney. If this is the case, you have to register and apply to the Office of the Public Guardian. The form you'll need to do this is available from the Ministry of Justice website.
You'll need to complete enduring power of attorney forms EP1PG and EP2PG. Follow this link for more information about enduring power of attorney registration.
What are the Main Differences?
The lasting power of attorney is quite different. There are two types, a health and welfare POA and a financial and property POA. The enduring power of attorney only dealt with decisions related to finance and property. You may wish to consider creating a health and welfare LPA, in addition to your valid EPA. This document allows you to maintain control of decision making that relates to health and wellbeing including; health care, treatment you receive, medication, diet, routine and residential care.
If you wish, you can cancel an existing form, as long as it's not been registered and replace it with a financial LPA. The LPA is more exhaustive and complex, providing more protection for the donor, governed by the Mental Capacity Act.
IWC offer nationwide LPA services for your complete peace of mind. A highly qualified, specialist practitioner will visit you at your home or work place. You will be given legal advice and guidance regarding your attorneys and we'll discuss any specific wishes or restrictions you wish to include.
We'll explain everything you need and explain the roles of your attorneys, certificate providers and people to be told. A full STEP member or law degree certified professional will prepare the document for signing and witnessing. At the same time we can also, make or update your will if your circumstances have changed.
For more information, follow the link to our lasting power of attorneypage. Or speak to someone in person on 0800 612 6105, we can give you a quote and answer any additional questions you may have.