Registered EPA
What is an Enduring Power of Attorney (EPA)?
An EPA is a legal document where you (the donor) appoints a person or people (your attorneys) to make decisions regarding your property and financial affairs if you are unable to do so due to a lack of mental capacity.
When Does it Become a Registered EPA?
When does an EPA need to be registered?
The attorneys must register an EPA if the donor is losing mental capacity or has lost mental capacity.
How to Get a Registered EPA
How do you register an EPA?
There is a three-stage process for registering an EPA, which is:
- Inform the donor, their family members, and all attorneys that you intend to register the EPA.
- Complete the application to register the EPA.
- Send the application, original EPA document and fee to the Office of the Public Guardian to be registered.
Does an EPA cover decisions about my health and care?
No, EPAs only cover property and financial affairs decisions.
Can you amend or update an EPA?
No, EPAs cannot be amended or updated. If you have an unregistered EPA and you would like it to be changed, then you will need to consider doing a Lasting Power of Attorney (LPA) instead.
Can I set up a new EPA?
No, the Mental Capacity Act 2005 changed the power of attorney regime - since October 2007, a new EPA cannot be made but you can make a Lasting Powers of Attorney.
If you do not have an EPA or LPA, it may mean that your loved ones will have to apply for a deputyship order for you if you lose mental capacity.
Is my EPA still legal?
An EPA is legal and can be used when you still have mental capacity (if you give consent to your attorneys) and when you lose mental capacity (once it has been registered). Even though since October 2007 you have not been able to create new EPAs, that does not affect the legality of those created before that time.
Can EPAs be cancelled/revoked?
If you have capacity and your EPA has not been registered, you can cancel the EPA by signing a deed of revocation. You and a witness must sign the deed of revocation and inform the attorney(s) that you are cancelling the document. If an EPA has been registered, you can apply to the Court of Protection to cancel the EPA. There is a court fee for this and it is currently £371 (February 2023).
To discuss your personal circumstances, enquire about making an appointment please call us on 0113 320 5000 or email wills&probate@winstonsolicitors.co.uk.
NB: timescales and fees are subject to change – please ask for details.
