Enduring Power of Attorney (again)

phoebe03cat

The good thing about the Law Depot is that it is stored for 2 weeks or a year if you pay a bit more and can be altered. I'm going to get my wording checked on the restrictions I put on, but without pressure. Presumably the forms will all disappear offline after Sunday?

Biggles

phoebe03cat wrote: »

The good thing about the Law Depot is that it is stored for 2 weeks or a year if you pay a bit more and can be altered. I'm going to get my wording checked on the restrictions I put on, but without pressure. Presumably the forms will all disappear offline after Sunday?

The only forms there's any point storing after tomorrow are signed paper originals, and they certainly can't be altered. If you don't print yours out and get it signed before tomorrow night, it won't be legal.

phoebe03cat

Thanks Biggles. R U sure that you can't make alterations to an existing document after Sunday?

Biggles

What kind of change, Phoebe, like changing an attorney after you've appointed one?

I should have thought it pretty certain that any changes that took place after the 30 Sep would render the whole EPA invalid. Unfortunately, there's only one place to get the answer for sure, and they're closed till Monday!

If your original EPA is no longer what you need, you'll need to get an LPA completed. Have a look at my post #74, you may agree that they aren't as bad as was first feared. It will be the only way to be sure, and the last thing you want to find, after the donor has lost mental capacity, is that your EPA won't stand up in court.

phoebe03cat

No I don't want to change my attorney, or probably anything really. As my second daughter is a minor and I can't name her, I have restricted dd1 (after dd2 becomes 18) in that thereafter all actions have to be taken jointly. Was just going to run the wording past a solicitor to check it was OK.

At the worst case scenario dd2 isn't 18 for another 4/5 years so my EPA can stand anyway until then. Mostly set up in case dh and myself are inacapacitated or out of the country when we need something urgently doing. Hopefully not necessary, but you never know!

The LAwDepot storage enables you to change wording if necessary, as I understand it.

localhero

Once you have executed (ie all parties signed and witnessed) an EPA or LPA, any alterations are invalid.

Remember you are signing a Deed here. The law Depot whoever they are, should be making this absolutely clear.

Stephen_Leak

Errata wrote: »

The EPA covers finances only, the LPA covers finances and welfare. Not an astronomical amount to ensure someone who is unable to make their own decisions has the full protection of the law. Surely this is something we would want for everyone?

I was just pointing out that the wording of the article intimated that the difference between an EPA and a financial LPA plus a welfare LPA was just £30. Such ambiguity where money is involved always makes me suspicious.

Biggles

Sounds like your best bet is to get the EPA signed and sealed tomorrow, so at least you have something in place, and make a simple Property & Affairs LPA when your 2nd daughter is 18 (if they haven't changed the rules again by then!).

localhero

Yes I agree with that.

Biggles

Biggles wrote: »

Sounds like your best bet is to get the EPA signed and sealed tomorrow, so at least you have something in place, and make a simple Property & Affairs LPA when your 2nd daughter is 18 (if they haven't changed the rules again by then!).

When I said tomorrow, of course, I hadn't noticed it had gone midnight, so read that as 'today'!!
;-)