What is an Enduring Power of Attorney?

26/04/19

 

An Enduring Power of Attorney was the system that was in place before 2007. It is a document appointing a person (an ‘Attorney’) to manage the property and financial affairs of another person (the ‘Donor’). If the Donor becomes unable to make financial decisions, the Enduring Power of Attorney must be registered before it can be used or, if it is already in use, before it can continue to be used.

You can no longer make an Enduring Power of Attorney because they have been replaced by Lasting Powers of Attorneys. However, if you made an Enduring Power of Attorney before October 1 2007 and it was correctly filled in, it is still valid and can still be registered and used.

There are rules, regulations and time limits that must be adhered to when registering the document, so it is important to contact a solicitor for advice.

 

It is important to note that Enduring Powers of Attorney only cover decisions about finances and property so do not cover health and welfare decisions. It is therefore advisable for the person to make a separate health and welfare Lasting Power of Attorney to cover decisions about their care or treatment.

 

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