Following Trevor Lyttleton's excellent letter on the problems with the new lasting power of attorney (see [2007] Gazette, 14 June, 16), can I pose a question to all readers of the Gazette: have you signed your enduring power of attorney (EPA) before it is replaced? If not, why?
An EPA can be used at any time without the involvement of the Court of Protection. The court is only involved if the donor is losing or has lost mental capacity, and even then it is a straightforward procedure with a relatively small cost. It avoids the necessity of making a full application to the court with its consequent considerable cost in money, time and emotion.
It is 21 years since the Enduring Power of Attorney Act came into force, and it is a scandal that never once has the Central Office for Information been commissioned by a government body to advertise how people could 'hope for the best and prepare for the worst'.
Time is running out for EPAs and many people have no idea. It would be wonderful if, at last, their enormous usefulness was highlighted and people advised that any EPA signed before the end of September will remain in force. I will do my best to persuade clients to sign lasting powers when they are in force, but I fear my marketing skills may not be up to the job.
Liz Holdsworth, Wace Morgan, Shrewsbury
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