Enduring Powers of Attorney

An Enduring Power of Attorney allows you to nominate who should deal with your personal affairs if you ever become physically or mentally incapable of doing so yourself.   Many people associate this with old age and senility and of course it does become more important as you grow older, but there are many reasons why you may need someone to deal with your affairs.  If you suffered a serious accident or serious illness this could leave you incapable of dealing with your affairs for many months or perhaps even years.

Some people wrongly assume that if they became incapable of dealing with their personal affairs their spouse or partner would automatically be able to deal with matters on their behalf but this is not the case.  If you have not prepared an Enduring Power of Attorney then no-one would have authority to deal with assets held in your sole name such as bank accounts or investments.  This can cause particular problems if your house is in the sole name of you or your spouse/partner or you have your own business.

We can give you and your family peace of mind by preparing an Enduring Power of Attorney.  We can discuss with you how many attorneys you should have, whom it might be appropriate to appoint as your attorneys and what limits you might wish to place on your attorneys powers.

If you do not prepare an Enduring Power of Attorney then someone will have to apply to the Court to be appointed as your Receiver.  The main disadvantage in this is that you have no say in who is appointed to deal with your affairs.  It is also very expensive, as at the 31 March 2007 the current Court Fees amount to £580 and the Court allows solicitors fees of £715 plus VAT.  The receiver is also restricted by the Court in what action he or she can take and has the burden of submitting detailed annual accounts to the Court.  

If a member of your family has or is becoming incapable of dealing with their affairs and they have already made an Enduring Power of Attorney we can advise you on your duties as an Attorney and the registration process.  If not then we can help you make the application to the Court of Protection to appoint a receiver.

You should also be aware that new rules are due to come into force on 1 October 2007 and Enduring Powers of Attorney will be replaced by Lasting Powers of Attorney.  Lasting Powers of Attorney are going to be more complicated and therefore more expensive.  As existing Enduring Powers of Attorney will remain valid after 1 October we would recommend that you make a Power of Attorney now before the new rules come into force.

For more infomation please contact one of the following:

Name Position Office
Jeremy Lee Senior Partner Crediton
Don Middlemost LLB Hons Partner Budleigh Salterton
Martin Justice TEP Solicitor Crediton
Chris Keenan Solicitor Crediton