Enduring power of attorney

Upon the introduction of the Mental Capacity Act 2005 it is no longer possible to create Enduring Powers of Attorney.

However, any  Enduring Powers of Attorney signed and duly witnessed before the 1st October 2007, continue to be  valid and can be registered if necessary with the Office of the Public Guardian.

Enduring Powers of Attorney work similarly to the Lasting Powers of Attorney in that they are used when a person lacks the ability to make decisions.

The key differences with the powers are the following:

  • Enduring Powers of Attorney had a simple and shorter form
  • Enduring Power of Attorney could be used before it was registered
  • An Enduring Power of Attorney only needs to be registered when the person is becoming or has become mentally incapable
  • The Guidance provided to the person creating the power was far less than what is now provided.

It can be seen that there are substantial advantages with creating a Lasting Power of Attorney and the safeguards that are in place ensure that you are protected when you are at your most vulnerable and if you are not able to make decisions for yourself.