This Checklist outlines the steps that should be taken in order to successfully register an enduring power of attorney (EPA). These steps include checking that the EPA was valid when created and is still valid, assessing the mental capacity of the donor, notifying the relevant parties of the intention to register the EPA and the application for registration. Ensuring that the enduring power of attorney was valid when created Make sure that the power: • is in the form prescribed by law at the time when it was executed by the donor and that, when it was executed by the donor, it incorporated the explanatory information prescribed at that time, and that none of the following statements has been omitted: ◦ that the donor intends the power to continue in spite of any supervening mental incapacity ◦ that the donor has read or had read to them the information explaining the effect of creating the power ◦ that the attorney understands the duty of registration • has been executed in the prescribed manner by the donor

Even though enduring powers of attorney (EPA) can no longer be created, they will be available for use for some time yet and so the actions of EPA attorneys remain subject to scrutiny. Duties In many respects, EPAs are no different from any other power of attorney: an EPA attorney is subject to the general duties imposed on those other attorneys, which 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

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. Solicitors are also likely to be asked not infrequently whether a client should stick with their EPA or create a new lasting power of attorney (LPA). Validity Where an EPA is found, the first step will be to check that it has been validly created. Capacity Perhaps the most important principle is the capacity of the donor at the time they made the EPA. It is essential that, at the time of execution, the donor understood the following key implications of the document: • 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 the donor could have done • that the authority will continue if the donor should be or becomes mentally incapable • that if the donor becomes

The whole premise of an enduring power of attorney (EPA) is that, unlike an ordinary power, it can be used after the donor has ceased to have mental capacity. However, an EPA will only remain effective after the incapacity of the donor if the power is registered with the Public Guardian. It is rare for a donor to be mentally capable on one day and mentally incapable the next, unless the incapacity is brought on by a sudden catastrophic event. In most cases, the donor will suffer a gradual deterioration in their mental faculties and the attorney should be very alert to signs of such mental deterioration because the onset of loss of mental capacity brings specific duties for the attorney in order to ensure that their authority does not lapse. The onset of mental incapacity As soon as the attorney has reason to believe that the donor is becoming mentally incapable, they have two specific duties: • a duty to give notice to the donor and prescribed relatives (see below for further details), and • a duty to apply

There are only three ways to revoke an enduring power of attorney (EPA). These are: • automatic revocation • revocation by the donor • revocation by the court Automatic revocation An EPA will cease to be effective on the bankruptcy of either the donor or the attorney or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donor or attorney. If there are joint attorneys, the reference in the Mental Capacity Act 2005 (MCA 2005) to 'the attorney' is read as meaning any attorney under the EPA. If there are joint and several attorneys then the provision is read as only a reference to the bankruptcy of the last remaining attorney under the power. The bankruptcy of any other attorney under the power means that person ceases to be an attorney, not that the power is revoked. The only saving provision is that if either the donor or attorney is the subject of an interim bankruptcy restrictions order the EPA is only suspended, not terminated, for

The European Payments Council (EPC) has announced the successful launch of the EPC Directory Service (EDS) in live mode to support the Verification of Payee (VOP) scheme. All participants and Routing and Verification Mechanisms (RVMs) registered during the test phase are automatically recognised in the live environment, with data entered before 22 August 2025 migrated accordingly, later entries must be re-entered manually.

The European Pharmacopoeia Commission (EPC) has adopted a new general chapter (2.6.41) on high-throughput sequencing for viral contaminant detection in biological products. The chapter, adopted in March 2025, will be published in European Pharmacopoeia Issue 12.2 in October 2025 and enter into force on 1 April 2026. The new standards align with ICH Q5A(R2) guidelines and WHO reference standards, establishing unified requirements for testing biological products including vaccines, recombinant proteins, and cell-based preparations.

STOP PRESS: The Energy Performance of Buildings (Scotland) Regulations 2025, SSI 2025/417 (EPC Regs 2025) revoke and replace the Energy Performance of Buildings (Scotland) Regulations 2008, SSI 2008/309 (EPC Regs 2008), updating Scotland’s energy performance framework for all buildings. EPC Regs 2025, regs 11 and 12 are in force from 1 January 2026 enabling the approval of organisations and of accreditation schemes. The remainder of the EPC Regs 2025 come into force on 31 October 2026. The EPC Regs 2025 will require owners of non-domestic properties to provide valid Energy Performance Certificates (EPCs) and Property Reports when selling or letting, and to include EPC ratings in advertisements. Developers must give EPCs and reports to owners within seven days of completion, and EPCs must be displayed in qualifying public buildings. A new national energy performance register, updated assessment methods, and local authority enforcement powers (including penalties of up to £1,000) will be introduced to enhance transparency and compliance. The Scottish Government announced in March 2026 that the provisions

The European Payments Council (EPC) has announced that its API Reference Toolbox (ART) test and self-certification platform for the Verification of Payee (VOP) scheme, developed in collaboration with StreamMind, is now available to all payment service providers (PSPs) that are not using a Routing and/or Verification Mechanism (RVM). The VOP scheme enables PSPs to meet the Instant Payment Regulation (IPR) requirement to offer an IBAN-name check service before authorising credit transfers. With the scheme’s go-live scheduled for 5 October 2025, the ART platform is intended to support PSPs in testing and self-certifying their VOP API implementation, helping to mitigate interoperability risks among scheme participants.

The European Payments Council (EPC) Board has announced the inclusion of Serbia in the ingle Euro Payments Area (SEPA) payment schemes' geographical scope, extending it to 41 countries. This change enables existing EPC payment scheme participants to process SEPA Credit Transfers, SEPA Instant Credit Transfers, and SEPA Direct Debits with Serbia, provided that Serbian financial institutions adhere to the schemes. The process for Serbian institutions is set to begin in November 2025, with the earliest operational readiness for Serbian payment service providers anticipated in May 2026; the exact date will be confirmed later.

The European Payments Council (EPC) has launched a public call for interest to identify European application programming interface (API) standardisation initiatives that have already developed or intend to develop API specifications compliant with the SEPA Payment Account Access (SPAA) scheme rulebook. Responses are sought by 26 April 2024.

The European Payments Council (EPC) is consulting on the Verification of Payee (VOP) scheme rulebook, with responses sought by 19 May 2024. The proposed rulebook has been developed to support payment service providers (PSPs) in the Single Euro Payments Area (SEPA) that will be required to comply with legal obligations on the verification of a payee in the case of credit transfers as outlined in the proposed EU Instant Payments Regulation (IPR) amending the SEPA Regulation.