Changes to EPA Regulations

Changes have recently been made to the regulations governing Lasting Powers of Attorney and Enduring Powers of Attorney.

The amendments require that the original Enduring Power of Attorney (EPA) must be produced, if available, when an application is made to register the power. It had previously been the rule that a certified copy would suffice: this is now only permitted where the applicant verifies that the original has been lost or destroyed.

In addition, the Public Guardian is given new powers to investigate the actions of attorneys appointed under an EPA.

There are further amendments of a more technical nature. However, the two mentioned above indicate the importance for EPA attorneys of keeping the necessary paperwork safe and conducting their duties as attorney in a proper manner.

The changes came into force on 1 May 2010.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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