Disclaimer

The information provided on this site is not legal advice but general information on issues commonly encountered when dealing with immigration and other legal matters. Pro-Visas Immigration Solicitors is not affiliated with any government (including the United Kingdom Government), We are a private Solicitors firm who are authorised and regulated by the Solicitors Regulation Authority. Pro-Visas Immigration Solicitors provide legal advice and services and opinions or recommendations to its users about their possible legal rights, legal remedies, legal defenses, legal options or legal strategies. Legal fees do not include application or Government fees that may be charged by the United Kingdom Border Agency or by any other agency or part of the United Kingdom Government. Immigration Applications forms and other legal application forms are available for free from official Government sources

Enduring Power of Attorney

What Is A Power Of Attorney?

With an ever - increasingly ageing population, more and more people will reach a stage when their physical and mental health may begin to let them down.

No- one likes to think that this will happen to them, and if it does, they assume that their spouses or children will be able to "step into their shoes" and take over dealing with their property and financial affairs and their welfare. This is not necessarily the case, if they have not made Powers of Attorney. There are three types;

  • Ordinary Power of Attorney
  • Lasting Power of Attorney
  • Enduring Power of Attorney

This may mean that you have to look after their bank accounts, savings or investments. Maybe you will be buying or selling property on their behalf or dealing with their welfare benefits and making decisions about their personal care. The reason that someone would want to give you Power of attorney could be for a number of reasons. It maybe is that they are disabled or that they may be out of the country for a long period of time.  Or in the worst case scenario they are unable to make decisions for themselves because they have mental illness.

The way that you choose to manage someone?s affairs will differ and depend on the individual circumstances and whether they have mental capacity.

If you require someone to act for you for more than one or two issues or more complex issues you should think about making a Power of Attorney.

When someone makes a power of attorney, they appoint someone else to act on their behalf. The person making the power of attorney is called a donor and the person appointed to act on their behalf is called an attorney. The person making the Power of Attorney must be capable of making decisions for themselves. This is called mental capacity.

A power of attorney gives the attorney the legal authority to deal with third parties such as banks or the local council.

What is an enduring power of attorney?

Before 1 October 2007, it was possible to make an enduring power of attorney (EPA) to manage someone's property or financial affairs. An EPA could be used before someone lost their mental capacity or after they lost their mental capacity once the EPA had been registered. It is no longer possible to make a new EPA. However, if an EPA was made before 1 October 2007, it can still be registered and, if it is already registered, it will still be valid. If you want to manage the affairs of someone who you think might lose their mental capacity and you don't already have an EPA, a lasting power of attorney should be used. Even if you already have an EPA, it can only be used to look after someone's property and financial affairs, not their personal welfare. If you want power of attorney to look after someone's personal welfare, you may be able to take out a personal welfare lasting power of attorney.

Registering an enduring power of attorney

To continue using an EPA after someone has lost their mental capacity, the EPA must first be registered with the Office of the Public Guardian. The EPA must be registered by the person who will be managing someone else's affairs (the attorney). Before you register the EPA, you must notify certain people that you are going to register it. This is done on a form which you must send to all the following people:

  • the person whose affairs you are going to manage (the donor)
  • any other attorneys if there are more than one
  • at least three of the donor?s nearest relatives.

Once you have given this notice, you can apply to register the EPA on form EP2PG to the Office of the Public Guardian. There is a registration fee, although some people won't have to pay it. You can find out the latest information about fees from the Ministry of Justice website at www.justice.gov.uk.

How to end an enduring power of attorney?

There are a number of ways to bring an EPA to an end. These include:

  • the donor can cancel it. They can only do this if they still have mental capacity
  • an attorney can say they no longer want to be an attorney
  • with a court order
  • the Court of protection can end an EPA if they think an attorney abused their position or if they think a donor made the EPA because of fraud or excessive pressure.

Can I change an enduring power of attorney to a lasting power of attorney?

If you have made an EPA but want to have an LPA instead, you can do this. If the EPA is not registered, you can just destroy it. You can then complete an LPA form and apply for this to be registered ? see under heading Lasting power of attorney. Unlike an EPA, an LPA is not valid unless it has been registered.

Alternatively, you could keep your EPA but make and register an LPA to deal with your personal welfare in case you lose your mental capacity. EPAs can't be used to look after someone's personal welfare.

 

Why Choose Us?

?             Over 14 years of Power of Attorney experience

?             One to One personal service and consulting with you on what your requirements are.

?             Offer home visits to those who have mobility problems

?             Power of Attorney is taken care of by the Principle Solicitor

How Much Will It Cost?

We are very competitive on our fees and we advise that you should contact us for a free no obligation consultation. Once we understand your needs we can give you a fixed fee of our services.

What to do next?

Please call us free on  or simply fill in our Free Enquiry No Obligation Form at the top of this page and we will call you back quickly.

We will treat your enquiry as important and confidential and we will not pass your personal details to any third parties for marketing purposes. Pro-Visas Immigration Solicitors are authorised and regulated by the Solicitors Regulation Authority 

 

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Disclaimer:

Disclaimer: The information provided on this site is not legal advice but general information on issues commonly encountered when dealing with immigration and other legal matters. Pro-Visas Immigration Solicitors is not affiliated with any government (including the United Kingdom Government), We are a private Solicitors firm who are authorised and regulated by the Solicitors Regulation Authority. Pro-Visas Immigration Solicitors provide legal advice and services and opinions or recommendations to its users about their possible legal rights, legal remedies, legal defenses, legal options or legal strategies. Legal fees do not include application or Government fees that may be charged by the United Kingdom Border Agency or by any other agency or part of the United Kingdom Government.