Enduring Powers of Attorney

Many will be familiar with the premise of an Enduring Power of Attorney and the need to appoint a trusted person to manage your affairs.  However, Enduring Powers of Attorney were abolished on 1 October 2007 and replaced with Lasting Power of Attorney.  Whilst they have similarities, their usages and implementation are very different. 

You can no longer create an Enduring Power of Attorney but, if you drafted one prior to 1 October 2007, this will continue to be valid and usable.  You also cannot amend an Enduring Power of Attorney and if you wish to make any amendments (such as changing an attorney) you will need to draft Lasting Powers of Attorney instead. 

A common misconception is that Enduring Powers of Attorney provide attorneys with the ability to manage financial matters and health matters; this is incorrect.  Enduring Powers of Attorney relate only to financial affairs and the appointed attorneys will have no authority in connection with health and welfare.

An Enduring Power of Attorney also needs to be registered with the Office of the Public Guardian before it can be used on behalf of a person who has lost capacity.  This means that, if your loved one is beginning to lose capacity and you need to start managing their finances, you can’t until the document has been registered.  This process can take anywhere between 6 – 12 weeks and the prospect can be very frustrating. 

Despite this, you can continue to use an unregistered Enduring Power of Attorney for someone who still has mental capacity. However, attorneys have a duty to register the document as soon as the owner begins to lose mental capacity.

It is for the reasons above that Enduring Powers of Attorney were replaced.  When you create Lasting Powers of Attorney, you can choose between finances, health or both.  Lasting Powers of Attorney are also registered immediately with the Office of the Public Guardian to ensure, when needed, the documents are ready for immediate use. 

Should you need assistance with registering Enduring Powers of Attorney or their use in general, please contact our Estate administration department.