Enduring/Lasting Power of Attorney

Bored_Housewife

Hi

This is my first post, so forgive me if it is in the wrong place.

My husband and i started the process of putting together Enduring Power of Attorney about 5 years ago, the original paperwork is with our solicitors and we have copies. We are considering changing our solicitors and will then write new wills.

At the moment we have not signed the EPA as there hasnt been the need to hand over the running of our affairs to anyone.

Is the EPA something that we collect from the original solicitor and store with our new wills or do we need to do both again with the new willwriter?

Can anybody tell me the difference between EPA and Lasting Power of Attorney?

If the EPA that we have now is still current (and I do believe it is) is there a reason why a third party has to be involved once we feel the need to sign the document and register with the courts? There isnt anything obvious on the paperwork but was told that there will be further costs if we need to register it through the willwriter, although I would imagine that it is something you can do without their help?

Hope someone can help with this, thanks if you can.

Biggles

If you haven't signed the EPA yet, it's useless - it should have been signed before 1 Oct 07. There would have been no need to use it or to register it at that time, but only ones signed before that date are valid.

You will now need to complete an LPA. There is no need for a third party to be involved, the forms can be downloaded from http://www.publicguardian.gov.uk/ and the notes are very comprehensive. Unlike the EPA, the LPA can only be used after it's registered.

sloughflint

Bored_Housewife wrote: »

My husband and i started the process of putting together Enduring Power of Attorney about 5 years ago, the original paperwork is with our solicitors and we have copies. We are considering changing our solicitors and will then write new wills.

At the moment we have not signed the EPA as there hasnt been the need to hand over the running of our affairs to anyone.

If you are quite sure that you did not sign then yes you most certainly do need to change solicitors and claim the money you spent back.:wall:

As Biggles says, they need not have been used or registered and could have been revoked at any time.

Bored_Housewife

Thanks for your help Biggles, I will have a look at the link you have given me.

I think I may have confused myself! It is the copy that i hold that is unsigned, so once I get the original back I shall check to see if it is signed, as you have pointed out in your reply if they were written before 2007 we should have signed them.

But either way the link will be useful to us.

sloughflint

Bored_Housewife wrote: »

If the EPA that we have now is still current (and I do believe it is) is there a reason why a third party has to be involved once we feel the need to sign the document and register with the courts? There isnt anything obvious on the paperwork but was told that there will be further costs if we need to register it through the willwriter, although I would imagine that it is something you can do without their help?

.

If you find that the EPA is valid then bear in mind that registration with the Court of Protection only applies when there is loss of mental faculty ( unlike the new LPA).

Certified copies can be used by your attorneys and the original kept elsewhere.

Bored_Housewife

Thanks everyone, Sloughflint, you got in there very quickly, I will be making sure that the original is signed - I posted too late for you to see that was my intention.

If the EPA is signed would there be any benefit in changing it to the LPA? I will be looking into the LPA on the internet before making any decision on what to do next so any pointers would really be appreciated. Has the LPA replaced the EPA?

Thanks in advance again.

judy2357

Hi, the copy of the unsigned EPA is a copy of the draft EPA, when you received this you would have had to confirm that you wanted this to go ahead and then sign the engrossment EPA. Most solicitors would then have sent you a copy of the engrossment EPA with the invoice.

Biggles

Bored_Housewife wrote: »

If the EPA is signed would there be any benefit in changing it to the LPA? I will be looking into the LPA on the internet before making any decision on what to do next so any pointers would really be appreciated. Has the LPA replaced the EPA?

I don't think there's anything to be gained by replacing the EPA with a Property & Affairs LPA, they cover very much the same ground and the EPA is more versatile, as you can use it without first having registered it until such time as the donor loses mental capacity.

But you may find the Personal Welfare LPA of interest, that does cover areas that can't be covered by an EPA. But it needn't take the place of the EPA, you could complete one in addition to it.

http://www.publicguardian.gov.uk/forms/Making-an-LPA.htm

Bored_Housewife

Thank you all so much, you really have been a tremendous help, i shall get the original EPA, make sure it was signed before 2007.

I will read the links you have been kind enough to give me and if the EPA wasnt signed before 2007 I shall make a decision on what to do next.

Biggles

Bored_Housewife wrote: »

Thank you all so much, you really have been a tremendous help, i shall get the original EPA, make sure it was signed before 2007.

I will read the links you have been kind enough to give me and if the EPA wasnt signed before 2007 I shall make a decision on what to do next.

I assume you mean 'they', not 'it' (one by you granting PoA to your husband, and one by him granting PoA to you)?

Bored_Housewife

Yes, I did mean to say "they" not "it".

Must read through my post before posting, its nice to know people are reading and sharp/quick enough to point out mistakes so that if it was an actual mistake (rather than my not rereading) it could be picked up on before it costs money.

Thanks for that.