Enduring Power Of Attorney

Hello, my name is Adrian Chambers and welcome to our web pages on Lasting Powers of Attorney.

Enduring Power of Attorney’s are no longer used and have been replaced by Lasting Power of Attorney. However, they can still be registered once the Donor loses their mental capacity.

If you’re thinking about making a Power of Attorney, contact us via telephone on Corby 01536 276300 or Kettering 01536 311690 or use our online contact form.

Enduring Power Of Attorney

Before October 2007, a person (called the Donor) could grant an Enduring Power of Attorney to appoint someone (called the Attorney) to make decisions regarding the Donor’s financial and property affairs. The Attorney can make decisions on behalf of the Donor whilst they have mental capacity, but can also be used when the Donor lacks mental capacity.

From the 1st October 2007, Enduring Powers of Attorney were replaced with Lasting Powers of Attorney. If you are thinking of making an Enduring Power of Attorney, you will have to make a Lasting Power of Attorney instead.

Already Made An Enduring Power Of Attorney?

Enduring Powers of Attorney that were created prior to 1st October 2007 are still legally valid.   Does an Enduring Power of Attorney have to be registered? Yes, if the Donor loses mental capacity to manage their financial and property affairs, the Attorney is under a duty to register the Enduring Power of Attorney.

However, an Enduring Power of Attorney only relates to property and financial affairs  and does not cover health and welfare decisions, including medical issues. If an Enduring Power of Attorney has been made it is still possible to make a Lasting Power of Attorney to deal with the Donor’s health and welfare decisions.

So in essence, a person could  have an Enduring Power of Attorney dealing with their property and financial affairs, and additionally a Health and Welfare Lasting Power of Attorney dealing with their healthcare.

Need To Register An Enduring Power Of Attorney?

If an Attorney appointed under an Enduring Power of Attorney believes that the Donor has lost or is losing their mental capacity then the Attorney will need to  register the Enduring Power of Attorney. We can complete the registration of an Enduring Power of Attorney for you. Wherever you are in the UK, please call us for a free no obligation chat at an of our offices, Corby 01536 276322, Kettering 01536 311690 or contact us online.

Latest Power Of Attorney Video
Maureen Brown – Power Of Attorney – Seatons Solicitors

Adrian Chambers - Seatons Solicitors

Power Of Attorney Specialists

Hello, my name is Adrian Chambers and I am a solicitor who specialises in creating and advising on Powers of Attorney.

I can offer a low cost legal service and aim to sort everything all out for you quickly and easily. Property and Affairs Power of Attorney is the most common one used and it gives you peace of mind should you ever need someone else to look after your affairs.

If you’re thinking about making a Power of Attorney, contact us via telephone on Corby 01536 276300 or use our online contact form.

Latest Articles On Powers Of Attorney

Power of Attorney – The Importance of Getting it Right

A Power of Attorney is a useful method protection if you become unable to deal with financial matters yourself. However, nominating a loved one to take on this responsibility may not always be the best option, it may be wiser to use a good lawyer instead as the following case demonstrates.

Powers of Attorney – This Is Why You Should Appoint an Independent Solicitor!

A case in which a son abused his power of attorney to squander £230,000 of his frail mother’s money underlined the wisdom of employing an experienced lawyer – rather than a loved one – to manage your finances if you lose the ability to do so yourself.

Withdrawal of Life Sustaining Treatment – Who Decides?

Should decisions to withdraw life-sustaining treatment be made by a patient’s loved ones, in consultation with doctors, or by judges?

Signing a Power of Attorney? Is a Loved One Really the Best Option?

The wisdom of entrusting your financial affairs to loved ones in the event of illness was thrown seriously into doubt by one High Court case in which a 95-year-old dementia sufferer was let down by a dishonest and stingy relative.
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