Thursday, March 02, 2006

Enduring Powers of Attorney

What are they?
Who needs one?
How do I get one?
What are the pitfalls?
What are they?
An Enduring Power of attorney or EPA is a Legal Document that you can write at any time in your life whereby you can determine who can intevene in your finacial affiars should you become incapable of managing them your self. As the name suggests the power of attorney endures through either physical or mental incapacity. All EPAs must have the same wording (although the layuot maybe different) and will always contain
1) Part A which are the guidance notes on how to use the document
2) Part B which lays out the Donors details (the person giving the power) and the attorenys details
3) Part B (cont) is where the donor signs the document in front of an independant witness
4) Part C there is a part C for each of the attorneys to sign. You can have a maximum of 4 attornies per EPA and the either act joiuntly or jointly and severally
Who Needs one?
Anyone who is concerned about manageing their affiars should they become incapabale especilly if they have joint assets with their spouse or partner.
How do I get one?
You can get an EPA drafted by a qualified wioll writer or Solicitor. Estate planning solutuons can complete one for you either face to face or over the telephone. or you can one done on the internet at
What are the pitfalls?
Most people dont realise the power of these documents. You should always include restrictions in an EPA so they are not abused. They should always include a clause that states that the document will not be valid unless you have lost the capacity and it has been registered at the Court of Protection


Anonymous said...

can an epa be used if it hasnt been registered at the court of protection?

Mark Jackson said...

This is where you have to be carefull. If the EPA had no restrictions written into then yes it will become effective immediately and it can be used so be careful.
If you want any help in this matter give me a call on 0161 480 4441
Mark Jackson

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