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Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
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Clarification on Enduring Powers of Attorney
Date:18 JAN 2008

The Law Society has sought clarification from the Office of the Public Guardian regarding the validity of 'Enduring Powers of Attorney' (EPA). The Office clarified that a power of attorney executed on or after 1 October 2007 cannot be registered as an EPA, with exception "in the case of joint and several attorneys where one or more attorney has signed before 1 October 2007 and the other(s) after that date this will be treated as a valid EPA, but only in favour of the attorney(s) who has executed it before 1 October".

On the 1 October 2007, 'Lasting Power of Attorney' replaced EPA as the power that can operate after a person ceases to have mental capacity.

Solicitors who have EPAs which have not been executed before 1 October 2007 are advised to check if they need to take any action.

More information, including the practice note Lasting powers of attorney, can be found on the Law Society's website:
http://www.lawsociety.org.uk/documents/downloads/lasting_powers_attorney_pn07.pdf.

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