Registering Enduring Power of Attorney confusion

p00hsticks

YBR said:

@ss2020jd I think it's that 20 weeks that is causing the worry. So far as I can tell it applies to both EPA and LPA, but while we wait the EPA is still valid.

My parents did one recently and it took about sixteen weeks. 
I don't think it will ever be a particularly quick procedure because part of the process is to write to all the people nominated as attorneys and any others who the donor has requested should be notified and give them around four weeks to object in writing to the LPA if they wish to.

ss2020jd

elsien said:

There are delays with registering LPAs. But if there is anything your mum wants help with the meantime while she has capacity if she can make a general power of attorney. 

There’s no specific paperwork or registration, it’s normally used (for example) if people are going abroad for a couple of months and I’m going to be out of touch, and only applies while they have capacity. 

Yes I also used this while the LPA was being updated. The bank suggested it. I used a general template and had it signed and witnessed by my aunt and my mum. It is designed for temporary use so could be an interim solution. 

bunnygo

I'm using an EPA for a relative with capacity, with their consent. As your mother has capacity she MUST NOT register the EPA!! That only happens if she loses capacity, when by definition she won't be doing it.

As the last EPAs were issued in 2007 it is now quite rare to be using one (i.e. lots of those who had them have died in the ensuing 17 years) but they are still perfectly valid.

actions:

1) get a certified copy of the EPA. (Not a standard photocopy, solicitor can do this for not too much) Keep the original somewhere very, very safe.

2) if your mother wants an attorney to start managing affairs, but she still has capacity, that attorney then uses the EPA. Get scans/photos of all pages of the certified copy. Some organisations will want to see the physical EPA, in which case send the certified copy NOT the original.

3) no need to change to LPA unless circumstances have changed - new attorney etc. It takes a bit of arguing sometimes but EPAs are entirely valid.

elsien

To certify a copy, you don’t need to go through a solicitor.
The donor can certify at themselves In the same way as an LPA but changing the wording on gov.uk from lasting power-of-attorney to enduring power of attorney. 

https://legalbeagles.info/forums/forum/legalbeagles-consumer-forums/welcome-forum/1529819-enduring-power-of-attorney-certified-copies