Enduring power of attorney

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An enduring power of attorney (EPA) under English law is the legal authorization to act on someone else's behalf in a legal or business matter. On 1 October 2007 the EPA was replaced by the two forms of lasting power of attorney (LPA), and no new EPAs can now be drawn up; however, one signed before that date and not yet registered may still be registered, through the Office of the Public Guardian which will provide information about the procedure including the fee payable. Unlike a basic power of attorney, an enduring power of attorney (and an LPA) does not come to an end if the donor becomes mentally incapable of managing his or her own affairs.

The attorney must be 18 years or age or older and must not be bankrupt. The EPA gives the attorney the power to dispose of property, deal with financial affairs, sign documents and make purchases on behalf of the individual and make usual gifts. The attorney does not have the power to make substantial or unusual gifts, or make decisions about personal care and welfare.

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