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Registering EPA from solicitor no longer trading

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  • Registering EPA from solicitor no longer trading

    I signed an EPA in 2002, appointing my wife in respect of "all my property and affairs". The solicitor has since closed his practice. I understand that the disadvantage of this over an LPA is that it has to be registered with the Court of Protection if the need arises. How long is that likely to take, and would it be straightforward?
    Tags: None

  • #2
    Might it be simpler to prepare a lasting power of attorney?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      The validity of an EPA signed it 2002 isn't affected by a solicitor closing their practice. Unless you mean the EPA had been retained by the solcitor and now can't be found.

      If you need to make a new PoA it now needs to be an LPA and registered, which costs around £80 for the property/finane LPA and anothe c£80 for the health LPA. I don't know exactly how long it takes to register it at the moment. gov.uk says up to 20 weeks but it may be quicker than that in practice, depends on their backlog.

      You don't need a solicitor to do it. All the forms and guidance are online Make, register or end a lasting power of attorney: Overview - GOV.UK (www.gov.uk)
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        Originally posted by PallasAthena View Post
        The validity of an EPA signed it 2002 isn't affected by a solicitor closing their practice. Unless you mean the EPA had been retained by the solcitor and now can't be found.

        If you need to make a new PoA it now needs to be an LPA and registered, which costs around £80 for the property/finane LPA and anothe c£80 for the health LPA. I don't know exactly how long it takes to register it at the moment. gov.uk says up to 20 weeks but it may be quicker than that in practice, depends on their backlog.

        You don't need a solicitor to do it. All the forms and guidance are online Make, register or end a lasting power of attorney: Overview - GOV.UK (www.gov.uk)
        Many thanks for that; I do have the document in question, and guessed that the presence or otherwise of the solicitor wasn't important. The main point I wanted to know is an approximation of the time it would take to register and put the EPA into force when needed, as I have heard that mentioned as the main reason to change to a new LPA.

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        • #5
          Sorry, no idea how long it's taking to register an EPA at the moment. I'd think it's the same staff who register LPAs so the gov.uk "up to 20 weeks" but may be quicker is my best guess unless someone here has recent experience. Not sure why an EPA would take longer than an LPA but I've got no experience that would help.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            Registering an EPA is straight forward. The procedure is a bit too long to type out. If you already have Bing co-pilot you can follow the instructions provided after you ask the question. Gov.uk website also lists the forms to register an EPA
            I don't have personal experience regarding the time for an EPA to be put in place. The internet is stating 8-10 weeks after the forms are submitted.
            LPA is more flexible and covers health and welfare as well as property and investments

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