Enduring Power of Atorney

aardvaakaardvaak Forumite
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Part of the Furniture 1,000 Posts Name Dropper
Currently registering a Enduring Power of Atorney for MIL.

Can MIL still sign cheques and Docs., after EPA is registered?


  • dzug1dzug1 Forumite
    13.5K Posts
    10,000 Posts Combo Breaker
    The MoJ site is a bit uspecific about this:

    http://www.justice.gov.uk/downloads/forms/opg/epa101.pdf - page 18

    Normally an EPA is registered when the donor loses capacity and therefore cannot run their own affairs. If they haven't lost capacity you shouldn't be registering it but use it unregistered

    But the Mental Health Act makes the presumption that anyone capable of doing so has the right to manage their own affairs - therefore if they can make a decision/sign they may do so. I would think it is the overriding thing

    You may find that banks, etc, disagree.
  • edited 22 July 2012 at 12:55AM
    John_PierpointJohn_Pierpoint Forumite
    8.4K Posts
    Part of the Furniture 1,000 Posts
    edited 22 July 2012 at 12:55AM
    Confiscate the cheque book, that is what I had to do after a nasty experience with a door to door scumbag.

    I can see a certain family dynamic problem if trying to do this with a mother in law.
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