The following Private Client guidance note provides comprehensive and up to date legal information covering:
Although it is no longer possible (since 1 October 2007) to create an enduring power of attorney (EPA), those completed before that date remain available for use and it is likely to be many years before they are no longer seen. Therefore, it remains essential that their creation and operation continues to be appreciated.
A validly created EPA is not revoked by the subsequent mental incapacity of the donor. However, if and when the donor does lose mental capacity, the power will no longer be available for use unless registered.
For an EPA to be valid, it is necessary that the donor was capable of understanding the nature and effect of the EPA at the date of execution. It is not sufficient that the donor could perform the power's authorised acts at the date of execution. Rather, the donor needs to have understood:
that the attorney would be able to assume complete authority over their affairs
that the attorney could do anything with their property that they themselves could have done
that the authority would continue if they became mentally incapable
in that event the power would become irrevocable without confirmation by the court
For further information, see Practice Note: Capacity to create or revoke an enduring power of attorney.
In order to be a valid attorney
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. 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.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.