By Hess Chung - 13 Mar 2017
Significant changes coming into force on 16 March affecting new
Enduring Powers of Attorney
What is an EPA?
An Enduring Power of Attorney (EPA) is a legal document that
gives someone the ability to make decisions on your behalf if you
are unable to. This person is called the Attorney.
There are two types of EPAs:
Personal care and welfare EPA which gives the
attorney the right to make legal decisions about your personal care
and welfare in the event that you are mentally incapacitated.
Property affairs EPA which gives the attorney
the right to manage your financial matters and deal with property
in your personal name.
Overview of the main changes to PPPRA
Amendments to the Protection of Personal Property Rights Act
1988 (PPPRA) are intended to make it easier for
people to appoint or change their Attorney. They include:
- Simpler forms: The new forms have a tick-box
format, are written in plain English and include information panels
to explain each section clearly.
- Duty of Attorneys to consult: Attorneys will
now be required to consult each other and other people. This
change is intended to make the handling of your affairs more
transparent.
- Revocation of appointment option: The new EPA
forms allow you to revoke any previous versions of your EPA (as you
would when updating your Will). Previously you had to give notice
of your revocation to the prior attorney on a separate form.
- Less restrictive requirements for mutual
appointments: If two people appoint each other as attorney
(e.g. husband and wife), the new forms can be witnessed by the same
solicitor or legal executive, so long as there is no conflict of
interest. Previously two different solicitors or legal executives
were required to witness the two people's signatures.
The new forms come into effect on 16 March 2017. Any
EPAs signed after this date on the old forms will be
invalid.
Does this affect my EPA?
If you currently have an EPA and you are happy with it, there is
no need to do anything.
However, with any significant amendment such as this, it's a
good time to review your current legal position and consider any
changes in your life that may have affected your choices under the
EPA.
If you have a current draft EPA, please get in touch
with us to ensure it is completed before the 16 March deadline.
Otherwise please contact us for assistance in completing the new
forms.
Contact
Hess
Chung