Enduring Powers of Attorney
Upon introduction of the Mental Capacity Act 2005 it is no longer possible to create Enduring Powers of Attorney.
However, any un-registered Enduring Powers of Attorney signed and duly witnessed before the 1st October 2007, can continue to be registered at 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 difference 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
- 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 state of not being able to make decisions for yourself.
