Amended regulations for Enduring Powers of Attorney will come
into force on 16 March.
The regulations will include new plain language Enduring Power
of Attorney (EPA) forms and a plain language explanation of the
effects and implications of entering into an EPA.
There are two types of EPAs:
- Property - covers your money and property and can be activated
on signing or if you lose your mental capacity. More than one
attorney can be appointed.
- Personal care and welfare - covers your health, accommodation
and associated care decisions. This comes into effect if a medical
professional or the Family Court decides you have become "mentally
incapable". Only one attorney can be appointed for your
personal care and welfare.
The upcoming changes include less restrictive requirements for
mutual appointments (e.g. a couple appointing each other) and will
allow the same authorised witness where there is no more than a
negligible risk of a conflict of interest.
A donor will now also be able to revoke an attorney's
appointment without revoking the EPA if a successor attorney is
appointed. An EPA appointing more than one attorney with
several or joint-and-several authorities will only cease to have
effect when the last remaining attorney's appointment is revoked by
To find out more about the coming changes or to ensure your
affairs are in order contact our team.