Enduring Power of Attorney changes 1 Oct 2007: Act now to avoid the price hike!

Biggles

I assume that each attorney must sign and be witnessed by the end of this month? That is, you can't leave this until you register the form, which might not be for many years?

Whilst it possibly could be argued that the donor had executed the EPA when he/she signed it, I think it would be very unwise to assume the form was legal unless all parties had signed and witnessed it before 1 October.

Or us in Northern Ireland?

In Northern Ireland, the Enduring Power of Attorney is dealt with by the Office of Care and Protection. There is a leaflet on the website of the Northern Ireland Court Service www.courtsni.gov.uk which is dated Jan 07 and makes no reference to a forthcoming change, so it may be nothing is planned. It's hard to find out much more, as the site is so slow it's like wading through treacle (yes, it's even slower than the MSE forum!), but I could find no other reference to Powers of Attorney, it might be best to ring them.

angeltoad

If you put down more than one person, and then in the future circumstances change and you want to delete one of them, can yo do that without invalidating the form?
the other thing is is the new form which includes health and welfare stuff too available yet? I am interested to see what it contains, and how much it is like an "advance directive" or "living will" - something else that readers should consider making at the same time.

purple_ronnie

What if the donor changes address after completion of the form?

dandm

Recently completed Enduring Power of Attorney for my mother as I was aware of forthcoming changes. Checked with the Guardianship Protection Office (or whatever it's called) to see if my husband could witness both my mother's signature (the donor) and my signature (the attorney) as the form only stated that the attorney could not witness the donor's signature. They told me it was perfectly in order for my husband to witness the signatures. Sincerely hope after reading your info that this is correct.

djtonyb

Bear with me but I think I'm missing something.

My mother in law thinks this will be a good idea (she isn't in the best of health) so I've downloaded the form and will get her to complete it tomorrow.

Once its completed how and when do we register it? I've looked at the Public Guardianship Office and :

How to obtain the form to make an EPA
The prescribed form to make an EPA is available here. Alternatively you can purchase this form direct from legal stationers or an independent legal advisor (i.e. solicitor).


This is the one we're filling in



Applying for Registration

If you would like to apply for registration of an Enduring Power of Attorney, click here



This opens a similar form to the one We've completed so do we have to fill it in twice?

angeltoad

dandm wrote: »

Recently completed Enduring Power of Attorney for my mother as I was aware of forthcoming changes. Checked with the Guardianship Protection Office (or whatever it's called) to see if my husband could witness both my mother's signature (the donor) and my signature (the attorney) as the form only stated that the attorney could not witness the donor's signature. They told me it was perfectly in order for my husband to witness the signatures. Sincerely hope after reading your info that this is correct.

I'm genuinely suprised that that is ok - I would have thought it had to be someone less "biased" and more independent! Anyhow, if you have it in writing from them then you might be secure knowing that you can produce the bit of paper to wave under the noses of the doubters if questioned in the future. Officials can sometimes get things wrong though. If you have doubts it might be best to get someone else to do it to avoid any problems or suspicion in future? Hope this helps.

munk

Cheers dandm, was just about to ask about that! I couldn't see anything about requiring witnesses to be outside of family either on the EPA form.

angeltoad

andrew.howse wrote: »

“From 1 Oct 2007 this changes .....<snip>
However, you will still be able to make an ordinary power of attorney, established under the 1971 Act of Parliament, in the usual way after 1st October 2007.

What is the difference between an Ordinary power of attorney and an Enduring power of attorney? I'm confused!

pboae

djtonyb wrote: »

Bear with me but I think I'm missing something.

My mother in law thinks this will be a good idea (she isn't in the best of health) so I've downloaded the form and will get her to complete it tomorrow.

Once its completed how and when do we register it?

If your mother in law is still mentally capable, you don't need to register it. Say she is physically frail, or just doesn't want the hassle of dealing with banks anymore, you just take the EPA (the actual form you downloaded and filled in, or a certified copy) down to the bank and show them that, and then you will be able to manage her affairs.

It only needs to be registered if/when the donor (in this case your MiL) becomes, or is starting to become, mentally incapable of managing their own financial affairs. At that stage you have to complete the other form (which has similar information on it) and have it officially registered.

If you MiL is already becoming mentally incapable she may not be able to make an EPA, and you need to speak to a solicitor about it.

Edinburghlass_2

aubergine wrote: »

OK, I've looked at those, but legal stuff makes me glaze over at the best of times.

Does the change in costs effect us in Scotland???

I think the charges in Scotland increased at the beginning of September from £35 to £60.