Power of Attorney

[bruckshaw]

My wife and I (both mentally fir and in our 90s) have given each other and our daughter Enduring Power of Attorney (pre Oct 2007).. Our solicitor is now recommending that these EPAs be registered with our banks, Is this a legal requirement or is it just to make any future dealings of the attorneys withe the banks smoother ?

[lawboy65]

The only legal requirement is that they be registered with the*Office of the Public Guardian
customerservices@publicguardian.gov.uk

[bruckshaw]

The only legal requirement is that they be registered with theOffice of the Public Guardian
customerservices@publicguardian.gov.uk

But the EPOA states that registration with them is required when signs of memory loss appear which implies that it not necessary prior to that. I did say that this is an Enduring PoA not a Lasting one.

[lawboy65]

An EPA remains valid and may still be registered with the Office of the Public Guardian. This is required when the donor begins to lose mental capacity. Unlike an LPA, an EPA can be used without registration for so long as the donor has mental capacity.
An EPA gives the person appointed as attorney the power to dispose of property, deal with financial affairs, sign documents and make purchases on behalf of the individual and make usual gifts. The attorney does not have the power to make substantial or unusual gifts, or make decisions about personal care and welfare.* Your solicitors suggestion may be a safeguard for you and your wife.* However, there is no legal requirement to do so.
*

[bruckshaw]

An EPA remains valid and may still be registered with the Office of the Public Guardian. This is required when the donor begins to lose mental capacity. Unlike an LPA, an EPA can be used without registration for so long as the donor has mental capacity.
An EPA gives the person appointed as attorney the power to dispose of property, deal with financial affairs, sign documents and make purchases on behalf of the individual and make usual gifts. The attorney does not have the power to make substantial or unusual gifts, or make decisions about personal care and welfare. Your solicitors suggestion may be a safeguard for you and your wife. However, there is no legal requirement to do so.

Thank you. That totally supports my assumptions.

[bruckshaw]

We have now moved on to intending to register with the OPG 2 EPAs and 2 LPAs. Each POA will be notified to each of the 3 same family members. Are 12 separate notifications required or can the 4 POAS be covered in one notice to each family member? 3 letters only with appropriate wording added..

[dslippy]

Lasting Powers are so much better and need not cost hugely. Why not create lasting powers to replace the EPA. Enduring Powers have all sort of discomfort - as is being revealed above.

[bruckshaw]

Thanks DSLIPPY I will consider your suggestion but the question I asked would remain relevant and on the table

[bruckshaw]

I now read that since Sept 2017 the notifications for an LPA are not obligatory.