Lasting (formerly Enduring) Power of Attorney (EPA)

Please refer to our Lasting Power of Attorney page - click here

What is an Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) enables you to appoint one or more people to manage your financial affairs for you, if this becomes necessary. Despite the formal title of "attorney" this can be anybody you trust - often a close friend or family members - but they must be at least 18 years old and must not be bankrupt.

Why is Making an EPA Important?

Making an Enduring Power of Attorney is very important, as it will simplify your day to day money management as dementia progresses, and you will avoid the more complicated and costly business of Court of Protection Receivership.

Someone who has a diagnosis of dementia can still make an Enduring Power of Attorney, providing they have the capacity to understand what it is they are doing - a doctor's advice should be sought if there is any doubt about this.

What is Court of Protection Receivership?

Receivership becomes necessary if someone who has not made an Enduring Power of Attorney becomes mentally incapable of managing their financial affairs. Acting as a receiver for somebody is more complex than acting as an attorney.

What is Appointeeship?

If someone is mentally incapacitated and their income is purely made up of benefits, and they have not created an EPA, then rather than needing a receiver to be appointed, an appointee may be assigned to deal with benefit claims and payments made.

The Social Security office must satisfy itself that the person concerned is unable to manage their own affairs, for example by visiting and if necessary getting medical evidence.  The suitability of the person who has applied to act as appointee must also be checked.

To find out about becoming an appointee telephone the Department of Work and Pensions:

• If the person concerned is receiving Retirement Pension or Pension Credit, contact 0845 6060265
• If the person concerned is receiving Attendance Allowance only, contact 0845 7123456

A copy of the leaflet on Appointeeship GL21 can be ordered from either of the numbers above.

Further Information

The Alzheimer's Society have a factsheet that gives detailed information about Enduring power of attorney, lasting powers of attorney and receivership; in addition the Age Concern factsheet Arranging for others to make decisions about your finances or welfare - Factsheet 22 also includes information about appointeeship.

Further information, and the necessary forms for EPA and receivership, can be downloaded free from the Public Guardianship Office Website.

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