Registration of Enduring Powers of Attorney (EPA)

An enduring power of attorney (EPA) is a power where the donor appoints one or more attorneys to manage their finances. As of October 2007 it is no longer possible to create EPAs. However, those in existence before this date and still valid and can continue to be used. It is estimated that there are many thousands of EPAs still in existence.

The main reason for most people making an Enduring Power of Attorney (EPA) is to give a person the power to look after their affairs should they lose the capability to do it themselves. However, it can also be used whilst the donor is still capable. On the donor’s loss of capacity, the EPA must be registered with the Court of Protection before it can be continued to be used.

If an attorney uses an EPA when it should be registered then they are acting beyond their power and any transactions they enter into as attorney will be void. There is a potential risk that an attorney will become personally liable.

Linder Myers can help you with your application to the Court of Protection, including the completion of the necessary forms. We can also help you to service notice to the nearest next of kin which needs to be done according to a statutory list. Please note that the Court will charge a fee for registration.

An enduring power of attorney is an important document and it is vital that specialist advice is obtained to ensure that you have the necessary authority to act as attorney, and you are not acting beyond your powers.