An Enduring Power of Attorney can no longer be created, but, assuming it has been correctly executed, it will still be valid. Enduring Powers of Attorney were replaced in 2007 with Lasting Powers of Attorney.
If you have an Enduring Power of Attorney, it is important to know that it only grants your attorneys the authority to act whilst you have mental capacity. If mental capacity is lost, the Power must be registered with the Office of the Public Guardian to give the attorneys the requisite authority to continue to make decisions for you. We can help attorneys with their application to register the Power, the scope of their decision making and if there is a dispute.
You should also be aware that an Enduring Power of Attorney can only be used in relation to your property and financial affairs. It would therefore be advisable for you to make a Lasting Power of Attorney for Health and Welfare. This will ensure your attorneys will always have the ability to make a decision on your behalf.
How does the process work?
Once we have taken instructions, the necessary documents can be prepared and the clients are invited to attend a meeting with us at our offices in order to complete them.
An application to register an Enduring Power of Attorney can take several weeks, depending on the individual circumstances, as notices may need to be sent and deadlines of the Office of the Public Guardian complied with.
Is it expensive?
We can work to a fixed fee. Please contact us for a quotation.
What are the things people should consider before calling?
It is important that a client thinks carefully about the individual circumstances of the person who has lost mental capacity and we will need full names and addresses of their closest living relatives.
Why are Grant Saw the best people for the job?
We are the largest private client department in the local area and have a number of dedicated specialists in the team. As a department, we pride ourselves on providing excellent client service, with a friendly and approachable manner and we are frequently instructed by new clients based on recommendations received from our existing clients. We also hold the Law society accreditation for excellence in Wills and Probate, known as WIQS (Wills and Inheritance Quality Scheme), as well as having members of Solicitors for the Elderly and STEP in the team. These are all demonstrative of the expertise and dedication our lawyers have in making sure our clients receive the best advice possible.