Enduring Power of Attorney

Registering an Enduring Power of Attorney

An Enduring Power of Attorney (“EPA”) is a document relating to a Donor’s financial affairs and which has been successfully completed before the 1st October 2007 when the Mental Capacity Act 2005 was introduced.

An application to register an EPA should be made when the person who originally made the EPA (“the Donor”) is or is becoming mentally incapable of managing their financial affairs.  An application should be made to the Office of the Public Guardian (“OPG”) using the proscribed form which we can advise you upon.

Before making the application to the OPG notice needs to be served by the Attorneys upon the Donor and at least three of the Donor’s relatives.  The notices are on prescribed forms which we can provide and there is a strict authority and priority in relatives that are informed.

There is then a very strict constraint on when the notices should be served and the timing of the actual registration.  We can advise you further on this.

The EPA will automatically come to an end on the death of the Donor and the OPG should be informed in the event that the EPA has been registered with them.

If you have a query or would like to book an appointment please get in touch with our First Contact team on 01256 320555 or email mail@clarkeandson.co.uk.

TEAM MEMBERS

  • nia-wharry

    Nia Wharry

    Wills and Estate Planning Partner

  • claire-redhead

    Claire Redhead

    Wills and Estate Planning Partner

  • ian-kershaw

    Ian Kershaw

    Consultant

  • Helen Beach

    Wills & Estate Planning Solicitor

  • stacey-harman

    Stacey Taylorson

    Legal Secretary

  • jill-scott

    Jill Scott

    Legal Secretary

  • Diane Thompson

    Legal Secretary