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Is an Enduring Powers of Attorney still valid

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Is an Enduring Powers of Attorney still valid

‘Enduring Powers of Attorney’, the predecessors to Lasting Powers of Attorney, can no longer be made. However, if you made an Enduring Power of Attorney before the 1st October 2007, provision has been made under the Mental Capacity Act 2005, so they can still be used as they were intended when they were created. I explain more how it works…

The difference between an Enduring Power of Attorney and a Lasting Power of Attorney

There are a few important differences between the two documents. The first, is that Enduring Powers of Attorney only cover property and financial decisions.

Lasting Powers of Attorney by contrast have two types. One covers property and finance, and one covers health and welfare decisions.

Additionally, if you already have an Enduring Power of Attorney in place that deals with property and financial issues, it’s possible to create a Lasting Power of Attorney covering health and welfare decisions.

While a person doesn’t need to create both, it’s advisable to, so all circumstances are covered.

The second major difference is that Enduring Powers of Attorney doesn’t have to be registered while the donor has capacity. They’re only required to be registered to use once the donor has lost capacity.

Lasting Powers of Attorney, on the other hand, always have to be registered, regardless of the capacity of the donor. Without registration of the Lasting Power of Attorney, no Attorney is entitled to do anything on behalf of the donor. So it’s important to register any Lasting Power of Attorney as soon as possible.

If you’d like more information about Lasting Powers of Attorney or would like to arrange an appointment to see me or one of our Solicitors, please contact us on 01604 828 282.

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