GovWire

Enduring power of attorney: acting as an attorney

Office Of The Public Guardian

January 9
14:26 2025

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You can help make or make decisions about someones property and money if they appointed you using an enduring power of attorney (EPA).

The person who appointed you is called the donor - you are their attorney.

Any decision you make on the donors behalf must be in their best interests.

Youll need to check if the donors given you specific instructions or guidance in the EPA document that will affect your responsibilities.

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

This guide is also available in Welsh (Cymraeg).

Using the enduring power of attorney

You can start using an EPA at any time if the EPA is legal and the donor gives you permission.

Youll be responsible for helping the donor make decisions about their finances. Depending on their instructions youll help manage things like their:

  • money and bills
  • bank and building society accounts
  • property and investments
  • pensions and benefits

There may be other attorneys - if there are, check how the donor wants you to make decisions.

You must register the EPA when the donor starts to lose or has lost their mental capacity. This means they cannot make a decision at the time it needs to be made because of a mental impairment.

You must still involve the person in making decisions whenever possible and only make decisions on their behalf which are in their best interests.

Stop being an attorney

The EPA will end if the donor cancels it or they die.

You can stop being an attorney by choice.

You may be investigated if theres a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.

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