Enduring Power of Attorney Solicitors

As of 2007, you can no longer create an Enduring Power of Attorney (EPA) as they were replaced by lasting power of attorney documents. If you or the person creating it (the donor) prepared and signed an EPA prior to October 2007, then it may still be valid and useable by an attorney should the donor lose capacity. An EPA must be registered by an attorney once they believe the donor is starting to lose capacity, and JMW can help you with this registration process.

EPAs were replaced by LPAs due to the inability to regulate them, as an EPA can be used by an attorney without it being registered, which has left the donor vulnerable to financial abuse in some instances. If you created an EPA, it is advisable to have this looked at by a professional at JMW and possible updated to an LPA, if we feel a change is needed. Our experts can help guide you through the process and put their recommendations forward.

Call us today and we will assess your situation and recommend how we can help you and what the best course of action is. Contact us on 0345 872 6666 or fill out an online enquiry form and we will be in touch.

How JMW Can Help

We can advise you or an attorney on various aspects of managing a pre-existing EPA, including how to make the switch to an LPA if appropriate.

The main benefit of the implementation of LPAs is that the new motion enables you to allocate an individual to manage your health and welfare decisions in a separate document to that of your financial and property affairs.

Despite the less regulated nature of an EPA, both them and LPAs should, if drafted correctly, allow you to allocate the following responsibilities to an attorney should you require their help:

• Dealing with money and bills, including communication with such providers
• Any monetary accounts in your name
• Ability to sell property and manage investments
• Ensure your income is received, including pensions and benefits

As above, we can assist you in the creation of the health and welfare document that allows you to allocate these additional responsibilities to an attorney:

• Managing daily routines, including help with washing, dressing and eating and when this will take place
• Organising medical care
• Making the decision whether or not to move the donor into a care home, and which one
• Organising life-sustaining treatment
• Deciding on your behalf whether treatment goes ahead based on your views

Why Choose JMW?

JMW Solicitors has been around for over 50 years and has grown significantly over this time due to our successes and commitment to legal practices. Our wills, trusts, tax and succession planning team has played a vital role in our successes, for which we have been recognised by The Legal 500 as a top UK firm. 

We can advise you on old issues relating to EPAs and improve your situation in line with up-to-date legal advice on LPAs.

Our solicitors will work closely with you to understand your goals and handle your query with the bulk of the legal responsibility on our backs, so you can enjoy minimal stress and direct your focus elsewhere. We will answer any of your questions without legal jargon and with as much transparency as possible to keep you informed.