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ENDURING POWERS OF ATTORNEY - CHANGES ARE COMING

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 the donor.

To find out more about the coming changes or to ensure your affairs are in order contact our team.

Written by Jenny Glubb at 00:00

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