Q&As

What can you do if you lose an Enduring Power of Attorney and do not have any certified copies?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 01/02/2016

The following Private Client Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • What can you do if you lose an Enduring Power of Attorney and do not have any certified copies?

What can you do if you lose an Enduring Power of Attorney and do not have any certified copies?

An Enduring Power of Attorney (EPA) is a legal document granting authorisation to a specified person or persons to make certain legal or financial decisions in respect of the subject. Its terms may set out the basis upon which the power is to be exercised. The benefit of an EPA (as opposed to a simple Power of Attorney) is it survives the mental incapacitation of the subject and can still be used thereafter, provided that it is registered. EPAs can no longer be granted, having been replaced by Lasting Powers of Attorney (LPA). However, an EPA that was signed prior to 1 October 2007 can still be used. See our Practice Notes: EPAs—introduction and Enduring powers of attorney—overview for more information.

This question addresses the issue of the holder of an EPA having lost the document demonstrating that it was granted, and not having any certified copies. It is assumed for the purpose of this question that the relevant EPA was granted prior to 1 October 2007 and is valid in all respects. It is also assumed that the EPA has not been registered, as office copies of a registered EPA can be obtained from the Office of the Public Guardian for a fee. Thus, if the

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