There are two kinds of Power of Attorney that are commonly used today, Enduring and Lasting, and both must be registered before they will be recognised by organisations with which an Attorney might need to communicate.
The registration process differs hugely between the two kinds of document and, thankfully, has become a much more straightforward and practical process since the introduction of the Lasting Power of Attorney.
The differences in the basic principles of registering each are below and, of course, this can only take place once all parties have signed the document: –
Enduring Power of Attorney (EPA)
- Attorneys have a duty to register the document as soon as the Donor, the person granting the Power of Attorney, starts to lose mental capacity. Be careful though; once registered, it is deemed that the Donor does not have the capacity to handle their affairs and therefore most organisations will no longer deal directly with the Donor at all!
- The Donor – even if they have no capacity to understand what they are being notified of!
- Three members of the Donor’s family in a prescribed order – even if the Donor has little or no relationship with that person
- All other Attorneys
Lasting Power of Attorney (LPA)
- As soon as the document has been completed it can be registered. This allows for maximum flexibility in the Attorneys’ abilities to act on behalf of the Donor. The Attorneys can act alongside the Donor assisting them in making their own decisions rather than taking over their affairs completely, as is often the case with an EPA
- Only those individuals the Donor has specifically chosen to notify will be notified of the application to register the document. This might include a child living overseas or a Financial Adviser, for example.
All Powers of Attorney
- The Attorneys of an EPA or LPA or the Donor of an LPA must complete and submit the relevant application form together with the requisite fee. This fee was reduced from £110 to £82 and, if you have already registered a Power of Attorney and paid the higher fee, you could be eligible for a partial refund!
If you or a family member are considering preparing a Lasting Power of Attorney or activating an Enduring Power of Attorney, and would like to discuss the process and powers granted under each document, please contact Charlotte Fox in our Reading Office. Charlotte is one of our solicitors in the Private Client team who specialises in Powers of Attorney.
Charlotte can be contacted either by email firstname.lastname@example.org or telephone 0118 958 9711.