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Samuel Phillips Law Blog

Tag: Enduring Powers of Attorney

Wills, Probate & Trust

‘Dad has lost capacity. He made an Enduring Power of Attorney years ago, but can I still use it?’

Enduring Powers of Attorney (EPAs) were replaced by Lasting Powers of Attorney in October 2007. If you made an EPA before 2007, this can still be used, however, if the donor (that is the person who made the EPA) has lost or is losing capacity, you will need to register the EPA with the Office of the Public Guardian (OPG) before it can be used. An unregistered EPA can be used whilst the donor still has capacity.

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