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Enduring Power of Attorney

Am I right in thinking if we have the old style Enduring Power of Attorney forms witnessed & dated appropriately (in 2007), but not registered with the Court of Protection, we could still use them if/when the time came?

Or have they been made totally obsolete since (or subsequently) the new 'split' ones came on the scene?
Seen it all, done it all, can't remember most of it.

Comments

  • Am I right in thinking if we have the old style Enduring Power of Attorney forms witnessed & dated appropriately (in 2007), but not registered with the Court of Protection, we could still use them if/when the time came?

    That was certainly the case a couple of years ago when I had to register an old one. I don't know if anything has changed since however.
  • RAS
    RAS Posts: 36,240 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you've have not made a mistake, you've made nothing
  • SeniorSam
    SeniorSam Posts: 1,673 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    My wife and I have the old style EPA, which can be registered if needed.

    There is no reason to change that, as it serves the purpose. With the new Lasting Power, fees need to be paid initially to register at outset and it is in force once signed and witnessed. Unless you have need, leave what you have in place as it will be there should the need arrise.

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • Crabapple
    Crabapple Posts: 1,573 Forumite
    Yes, existing EPAs are absolutely fine to use if and when they are needed. You only need to register if they are being used for someone who is mentally incapable.
    :heartpuls Daughter born January 2012 :heartpuls Son born February 2014 :heartpuls

    Slimming World ~ trying to get back on the wagon...
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