The following Private Client guidance note provides comprehensive and up to date legal information covering:
Even though enduring powers of attorney (EPA) can no longer be created, they will be available for use and be subject to the law for some time yet. Equally, the actions of attorneys under those powers will also subject to scrutiny.
In one respect EPAs are no different to any other power of attorney: an EPA attorney is subject to the general duties imposed on those other attorneys. In essence those duties, which have to be complied with, are to:
act in accordance with the terms of their authority
act in the name of the donor
not exceed their authority
act with due care and skill
not delegate their office
not put themselves in a position where their duties as attorney conflict with their own personal interests or their duty to another principal
not take advantage of their position to obtain a benefit for themselves
not accept secret commissions
keep the donor's money separate from their own
account to the donor
permit the donor to inspect and take copies of records kept by the attorney relating to acts done in the name of the donor, even after the termination of the attorney's authority
It may not be possible to discharge all these duties if the donor is no longer mentally capable but the additional duty imposed on an EPA attorney
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