Registration of existing Enduring Powers of Attorney (EPA)

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.

For help with EPAs, call us on 0113 320 5000

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?
Can you amend an Enduring Power of Attorney?
Can I set up a new EPA?
Is my Enduring power of attorney still legal?
Can enduring powers of attorneys be revoked?

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, please call us on 0113 320 5000

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.

Client feedback

My wife and I instructed Momika Wolsing of Winstons Solicitors to draw up new Wills.I am please that we did so and am happy to provide a review in this context As a former lawyer myself, I have a critical eye.We found her efficient, knowledgeable. helpful and pleasant. She has an eye for detail and knows her business.She drew up the Wills in good time.Her fees were reasonable Her support staff are also pleasant and efficient.Altogether, from first to last, we received a 5 star service and I was happy to instruct Winstons as co-executors of the Wills.

Paul

I found Winstons to be a highly professional, efficient and compassionate firm of solicitors. The original estimate of fees for dealing with a complex probate matter including the sale of a property and dealing with inheritance tax proved to be very close to the final amount charged. At all stages throughout the process I was kept well informed of progress and was consulted whenever necessary. All correspondence was polite and pertinent, and my wishes were acted upon promptly. I would have no hesitation in recommending Winstons to others and would readily use their services myself in the future should the need arise.

Anonymous

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David

The work was done in a timely & professional manner

Anonymous

Emily Spencer helped us review & redraft our wills. From start to finish Emily was very efficient and helpful. She explained legal issues. Very clearly for us. We would highly recommend her.Many thanksLouise Elliott

Louise

Aged 91 I needed to rewrite my will and transfer my affairs from a city-centre solicitor to one more accessible for myself and my executors. Winston proved an ideal choice. Emily was most helpful and efficient with the will, and I am confident that my estate will be dealt with just as well.

David