The following Private Client guidance note provides comprehensive and up to date legal information covering:
The creation of an enduring power of attorney (EPA) has not been possible since 1 October 2007 but there are many still in existence, either being used or available for use.
There have been and will continue to be, occasions where clients will ask whether they should stay with their EPA or create a new lasting power. It does no harm to reiterate to the client the basis of an EPA to ensure that not only can they make this decision but to ensure that they understood and continue to understand the principles of the power.
Merely because there is an EPA it is no guarantee that the document is effective. It is necessary to look to the fundamental principles required to effect a valid document.
Perhaps the most important principle is the capacity of the donor to make the EPA at the time they did. It is therefore essential that, at that time, the donor understood some critical effects of the document, namely:
that the attorney will be able to assume complete authority over the donor's affairs
if the terms of the power allow it, that the attorney will, in general, be able to do anything with the donor's property that they could have done
that the authority will continue if the donor should be or becomes mentally incapable
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
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