Enduring Powers of Attorney (EPAs) are important documents where a person (donor) appoints representatives (attorney/s) to take care of their affairs if they lose mental capacity. There is a common misconception that only the elderly need to have EPAs but anyone can become mentally incapable at any age. In addition there is the ability for EPAs to take effect while a donor still has mental capacity.
There are two types of EPAs: one in relation to property and one in relation to personal care and welfare. The Protection of Personal and Property Rights Act 1988 (the Act) sets out the requirements for EPAs.
Amendments to the Act come into force on 16 March 2017. These include a change to plain language forms of EPAs so that they are simpler and easier to follow for donors and attorneys alike. From 16 March 2017, EPAs in the old forms that are not fully executed will need to be re-done on the new forms. Any EPAs in the old form that are fully executed before this date will still be effective.