Lifehacks 

Can I still use an Enduring Power of Attorney?

Leia Doyle

Can I still use an Enduring Power of Attorney?

An EPA could be used before someone lost their mental capacity or after they lost their mental capacity once the EPA had been registered. It is no longer possible to make a new EPA. However, if an EPA was made before 1 October 2007, it can still be registered and, if it is already registered, it will still be valid.

What is the difference between lasting power of attorney and Enduring Power of Attorney?

The main difference between the old EPA regime and LPA’s is that an LPA must be registered with the Office of the Public Guardian before it can be used whereas an EPA can be used from the moment it is signed and is only required to be registered once the Donor loses capacity.

What can you do with an enduring power of attorney?

You can help make or make decisions about someone’s property and money if they appointed you using an enduring power of attorney ( EPA ). The person who appointed you is called the ‘donor’ – you are their ‘attorney’.

Can a donor cancel an enduring power of attorney?

If the Donor has the mental capacity to do so, they can cancel their EPA at any time, provided that it has not yet been registered. If the EPA has been registered, it cannot be revoked unless the Court confirms the revocation. To revoke an EPA the Donor signs a formal document called a ‘Deed of Revocation’.

Can a person still use a power of attorney?

New EPAs can no longer be created, however if a person has an EPA made before October 2007, either registered or unregistered, it can still continue to be used. LPAs have now replaced EPAs, which only allowed people to appoint Attorneys to make decisions about property and financial matters on their behalf.

When does an enduring power of attorney ( EPA ) start?

Your EPA for personal care and welfare only starts once you’ve been declared mentally incapable. Your attorney will not be able to make any significant decisions until a doctor or the Family Court decides you’re unable to: explain to others your decisions about your care and welfare.