It is no longer possible to make a new Enduring Power of Attorney.
However, if you have an Enduring Power of Attorney that has already been made, then it is fine and legal to use it.
If the person that made the Enduring Power of Attorney still has full mental capacity to manage their own finances, then it is fine to use it and for their attorney to carry out acts as their attorney without any additional actions.
However, once the person that made the Enduring Power of Attorney starts to lack mental capacity to manage their finances, then the Enduring Power of Attorney will need to be registered with the Office of the Public Guardian. This process takes a few steps, and various people will need to be notified of the registration. We can help you at every stage of this process, so please give us a call to discuss this.
For more detail about making a Lasting Power of Attorney, please watch this video.
Advising an attorney concerned with financial abuse of a loved one by family members.
Advising attorneys and deputies in respect of OPG investigations.
Advising attorneys / Deputies in relation to disputes.
Advising on capacity questions relating to gifting.
Advising minor beneficiaries and other family members in respect of statutory wills.
Acting as professional deputy in high value clinical negligence and personal injury matters.
Advising on care fee planning and third-party liability for the same.