An Enduring Power of Attorney (EPA) specifically authorises your attorney (any individual who is legally authorised to act for you) to act on your behalf if you are incapable of making important legal decisions, such as ensuring that your financial affairs continue to be dealt with properly.
Many people don’t necessarily consider what might happen in the future if, because of absence, illness or incapacity, they were unable to manage their affairs and what effect this would have on their family and loved ones.
Without an EPA, money can be drawn from a joint bank account by the joint holder for example, but any matter that requires your sole signature cannot be dealt with while you are mentally incapable. Equally, your business could grind to a halt if you are the major signatory and have not made allowance for a business partner to sign in your place.
Knowing someone you trust is able to take your problems on board and make decisions for you can be very reassuring. An EPA should be completed and signed by you when you are still well and completely understand the process.
From 1st October this year EPAs are being replaced by Lasting Powers of Attorney. These will be similar to EPAs, but will be significantly more expensive and time consuming to produce due to additional requirements about their registration with the Court of Protection. Existing EPAs will still be valid, although it will not be possible to create new ones. Therefore, we are advising people to consider if an EPA may be suitable for them, and to contact us to make an appointment to discuss your requirements in more detail.
Contact our Private Client department on 02476 633433 for further information.