Table of Contents

Enduring Power of Attorney (EPA)

6 minute read

Enduring Power of Attorney (EPA)

Table of Contents

Anyone could suddenly find themselves incapable of making decisions about their finances, health, or other personal matters. That's why enduring power of attorneys (EPAs) are crucial. In this article, we explain how EPAs work, and how they can protect your interests during challenging times. 

What Is an Enduring Power of Attorney (EPA)?

An enduring power of attorney (EPA) is a legal document that allows you to appoint a trusted person (known as an attorney) to make decisions on your behalf if you become mentally or physically incapacitated. 

When Do I Make an EPA? 

To make an EPA, you should be: 

  • Over 18 years of age 
  • Able to make decisions for yourself  

Note: If you feel you are being pressured into appointing an attorney for an EPA, contact the police or the Elder Abuse Response Service on 0800 32 668 65. 

Types of EPAs

There are two types of EPAs  –– personal care and welfare EPAs, and property EPAs, and they come into effect at different points in time:

  • Personal care and welfare EPAs come into full effect when you are deemed mentally incompetent by a medical practitioner or the Family Court, though your appointed attorney can immediately begin making minor decisions on your behalf if they believe on reasonable grounds that you are not capable.
  • Property EPAs come into effect either at a time of your choosing (if, for example, you decide you'd like your EPA to handle the sale of your vehicle on your behalf), or when you are no longer fully competent to manage property affairs.

You may nominate only one individual to be your attorney in a personal care and welfare EPA, but two or more individuals can be your attorney in a property EPA. The same individual may be your sole attorney for both your personal care and welfare EPA, and property EPA, though this is not recommended due to the potential for abuse.

What Are the Benefits of an Enduring Power of Attorney? 

1. Provides Peace of Mind

Because it is enduring, and unlike an ordinary power of attorney, an enduring power of attorney (EPA) remains valid even if you become physically or mentally incapacitated. This ensures that your interests are protected and that someone you trust will handle your affairs according to your wishes.

2. Proper Management of Financial Matters

Having a property EPA will help ensure your finances are managed according to your best interests. Either at a time of your choosing, or when you are no longer fully competent to do so, your appointed attorney can handle tasks such as paying bills, managing investments, and accessing bank accounts on your behalf. 

3. Proper Management of Health and Welfare Decisions

Having a personal care and welfare EPA will help ensure that health and welfare decisions are made according to your best interests. When you are deemed mentally incompetent by a medical practitioner or the Family Court, your appointed attorney can make choices about medical treatments, care arrangements, and other personal matters. 

 4. Prevents Family Disputes

Without EPAs in place, family members have to go through a lengthy and costly legal process to obtain the authority to manage your affairs. This can lead to disputes and tension among loved ones during an already difficult time. By appointing attorney(s) in advance, you can prevent potential conflicts and provide clarity regarding decision-making authority. 

How to Set Up EPAs

To set up EPAs, you should:

  • Make sure your chosen attorneys meet the requirements
  • Complete the necessary EPA forms
  • Prepare for legal consultation
  • Hire a witness

How to Save Money When Setting Up EPAs 

There are several ways in which you could potentially save on setting up an EPA. You should: 

  • Thoroughly prepare for the consultation with your witness, as you are paying for their time
  • Ask them whether they offer a SuperGold discount
  • Consider making your will or handling another legal matter at the same time  that your EPA is witnessed, as you may be offered a package discount

Your witness may also offer to let you pay off the fees over a period of time. 

EPA Attorney Requirements

To act as your attorney, an individual must meet the following requirements: 

  • Be over 20 years old
  • Not be bankrupt or subject to any personal or property court order

Make sure that you fully know and trust your attorney(s), and that they're willing and capable to act as your attorney.

EPA Forms

Once you've chosen your attorney(s), complete the following forms and consider reading the standard explanations for the two EPA types:

Prepare for Legal Consultation

After you've completed the necessary forms, you should prepare for legal consultation with a witness. Note that by being prepared, you may save money on your consultation. To prepare, you can: 

  • Make a list of assets and liabilities, and any debts owed to you
  • Decide on who you wish to be your attorneys and the kind of power you'll grant them 
  • Decide on ways to ensure your chosen attorney properly carries out their role. For example, you may choose to require them to consult with or report to another individual 
  • Decide when you want your property EPA to come into effect (personal care and welfare EPAs always come into effect when you are deemed mentally incompetent)
  • Decide whether you want your property attorney to have the power to make decisions that can benefit them financially
  • Decide whether you want to appoint back-up attorneys (who can act in the event that your first choice becomes incapable of doing so)
  • Decide on who should get a copy of your EPA 
  • Decide on what type of medical practitioner you want to medically assess your mental competence (for example, a geriatrician) 

Hire a Witness

Once you've prepared for legal consultation, you'll need to hire a witness. When hiring a witness, consider that you may save money by making your will or handling other legal matters at the same time that your EPA(s) are witnessed. Your witness may also offer a SuperGold discount. Before meeting your witness, ask them how they expect you to prepare for the consultation. The more prepared you are, the more you could save on your consultation. 

Witness Requirements

Witnesses must be: 

      • A lawyer, qualified legal executive (with a minimum of one year's experience, and working for and directly supervised by a lawyer), or representative of a trustee corporation (such as Public Trust), and

      • Independent of your attorney(s) for your EPAs. If you choose a lawyer or trustee to be your attorney for your property EPA (they cannot be your attorney for your personal care and welfare EPA), the witness is allowed to work at the same law firm or trustee corporation as your attorney   

Role of Witness

Your witness will make sure that you understand your options, what the EPAs will do, and whether the documents you've supplied meet the legal requirements.

Can I Cancel, Modify, or Replace an EPA?

Assuming you are still mentally competent, you can cancel, modify, or replace an EPA. 

To cancel your EPA or remove an attorney, give written notice to the attorney and any successor attorneys. You should also notify any bank or institution which may be impacted.

To modify an EPA, make the changes in writing and have the document signed and witnessed. The witness doesn't have to be the same person who witnessed the original EPA. 

If you plan on making any changes to an EPA, get advice from a lawyer over which option best suits you. 

Conclusion

An Enduring Power of Attorney can be crucial in protecting your interests when you lose mental competence, and preventing family conflict and costly court processes in the event that your family needs to obtain authority to manage your affairs. 

When setting up an EPA, it is important that you obtain good legal advice, thoroughly prepare, and know what you want.

For more information regarding end of life planning, consider reading our End of Life Checklist. Or, if you've recently lost a loved one, read about What to do When Someone Dies, and consider Noble Coffin's wide selection of well-priced coffins. Our goal is to save you money and leave you satisfied with your funeral planning experience. 

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