An enduring power of attorney (EPA) is a legal document where you (the Donor) appoint someone to manage your property and affairs and to make decisions on your behalf in the event that you are no longer able to do so yourself through illness or incapacity.
Currently when you sign an EPA it remains at your solicitor’s office until they are requested to register it.
Changes to Legislation
Under new draft legislation there is a proposal that registration will occur when you sign the EPA. Also, a registration fee will be payable to the new body, the Director of Decision Support Services (DSS).
Amending the EPA
After registration of the EPA with the DSS, if you wish to vary or revoke the EPA you will have to apply to the DSS. This cannot be done in the 6 months after registration. After that, applications may not be made at intervals of less than 12 months. Imagine a falling-out with your chosen attorney that cannot be changed for at least 6 months.
Register of EPAs
There is a proposal to maintain a register of EPAs, and banks, solicitors and doctors will be allowed to search the register to check if individuals have made an EPA. This raises huge privacy concerns for individuals.
Deadline for new legislation
The new legislation is slated to start on or before the 22nd June 2022. Given all the uncertainty surrounding the new Bill, we would encourage people to create an EPA before the new laws are introduced.
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