The following Property Q&A provides comprehensive and up to date legal information covering:
Following the repeal of the Enduring Powers of Attorney Act 1985 by the Mental Capacity Act 2005 (MCA 2005), with effect from 1 October 2007, no enduring power of attorney (EPA) can be created after that date. However, an EPA created before that date remains valid, and will survive the subsequent mental incapacity of the donor of the power. Once the donor becomes mentally incapable, however, the attorney under the power cannot do anything under it (save for certain exceptions) unless or until the EPA is registered with the Office of the Public Guardian.
HM Land Registry’s requirements in relation to dispositions effected under an EPA are set out in Land Registry Practice Guide (LRPG)
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