Q&A Is the Enduring Power of Attorney (EPA) I created in 2005 still valid?

Q:        I had an Enduring Power of Attorney drawn up after my husband died in 2005. My younger brother is my attorney. Is this still valid and is there any need for me to change it to a Lasting Power of Attorney, which all my friends seem to have?

A:        EPAs (Enduring Powers of Attorney) were replaced by LPAs (Lasting Powers of Attorney) in October 2007, after which time it has not been possible to create an EPA. Provided it was drafted and signed correctly and if your wishes remain the same, then your EPA will still be valid. However, unlike the LPA, it will only allow your attorney(s) to make decisions about your financial affairs.

An advantage of LPAs is that there are two different types. The first covers your financial affairs, like your current EPA does. The second is a Health and Welfare LPA which gives your appointed attorney(s) legal authority to make decisions about your health, care, and life sustaining treatment.

Whilst you could leave your current EPA in place and have just a Health & Welfare LPA drawn up in addition, it is probably better to start again and have the two LPAs drawn up as LPAs have more safeguards in place for your protection.

LPAs also offer more flexibility. For example, under an EPA it was not possible to name replacement attorneys. In your case this would mean that if your younger brother should die, or for some reason be unable or unwilling to continue as your attorney, your EPA would cease. An LPA on the other hand allows you to name replacement attorneys. And whilst you could include restrictions in an EPA regarding how your attorneys could make decisions, or what they could make decisions about, an LPA additionally allows you to state your preferences regarding how your attorney(s) handles your affairs.

This question has been answered by Jessica Wright, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry or for an appointment visit www.ghplegal.com or contact one of our offices: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194 

 

Jessica Wright

Jessica Wright

Solicitor

Part of our Probate, Wills, Tax and Trusts team in Oswestry.