EPA & LPA again

Discussion in 'Legal and financial issues' started by cris, Aug 24, 2007.

  1. cris

    cris Registered User

    Aug 23, 2006
    326
    Chelmsford
    Sorry to start this as I know something has been posted on these, but my inept searching finds nothing.
    I have just received a letter from my solicitor that drafted up our Enduring Power of Attorney.
    The gist is "that in October the existing Power of Attorney will no longer be able to be prepared & instead there will come into force a Lasting PofA".

    "This new LPA will be much longer & therefore more costly (£75 + vat single - £115 + vat joint)"

    "Do I want a Power of Attorney prepared now ?" (the letter asks)

    The last line is "Please disregard this letter if you already have a Power of Attorney or if you do not want one at this stage".

    We have already set-up Enduring Power of Attorney.

    It looks like a blanket letter I assume that our EPA will still be valid.
    I will ask the solicitors but thought I'd put it to TP members for a clearer understandable answer. :D

    cris
     
  2. Brucie

    Brucie Registered User

    Jan 31, 2004
    12,413
    near London
    yes my understanding is that existing registered EPAs will remain valid.

    I'm not sure about unregistered ones.

    After the date cited new EPAs will not be able to be produced.
     
  3. Margarita

    Margarita Registered User

    Feb 17, 2006
    10,824
    london
    dose read like that , that your EPA will still be valid .
     
  4. cris

    cris Registered User

    Aug 23, 2006
    326
    Chelmsford
    thanks guys. I think i will stick my head in the solicitors today for clarification.
    cris
     
  5. Margarita

    Margarita Registered User

    Feb 17, 2006
    10,824
    london
    let us know what they say
     
  6. Grannie G

    Grannie G Volunteer Moderator

    Apr 3, 2006
    68,642
    Kent
    Ours has not yet been registered, but I was given to understand that as long as we had it, it will still stand after October.

    Thanks for identifying this cris, I will phone our solicitor today just to make sure.

    Love xx
     
  7. Westie

    Westie Registered User

    I too hold an unregistered EPA and was led to believe that it wouldn't be affected after the October changes and I would still be able to register it in due course.

    Sylvia, I would be very interested in hearing what advice you are given about this. If existing, unregistered EPAs will no longer be valid after October that has huge implications for a lot of people.

    Mary-Ann
     
  8. Grannie G

    Grannie G Volunteer Moderator

    Apr 3, 2006
    68,642
    Kent
    I`ve spoken to our Solicitor`s secretary.

    She is almost sure all EPAs taken out before September 1st. will remain valid without registration after October, when LPAs will be introduced.

    She will check with the Solicitor to be absolutely certain and phone me back.
     
  9. connie

    connie Registered User

    Mar 7, 2004
    9,519
    Frinton-on-Sea
    Sylvia, thank you for taking the time and trouble to verify this.

    Thanks also to Cris for raising the question.

    We all have enough to do without worrying every time someone changes the 'goal posts'. Good to get clarification.
     
  10. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    Yes all EPAs prepared and signed before the 31st October will continue to be valid whether registered or not.

    After the 31st October you will not be able to sign an EPA and must instead do an LPA which is a much longer document (25 pages as opposed to the current 4), requires a certificate to be given that you are mentally capable of executing the power and must be registered with the PGO before it can be used at all.

    Cris, it doed sound like a blanket letter from your solicitors. We are also advising everyone to consider an EPA if they have not already done so. May be worth popping your head in to make sure your EPA is in order.
     
  11. Grannie G

    Grannie G Volunteer Moderator

    Apr 3, 2006
    68,642
    Kent
    Thank you Sue. Now we are all reassured.
     
  12. cris

    cris Registered User

    Aug 23, 2006
    326
    Chelmsford
    Hi All. Thanks for the replies. According to the solicitors secretary even if it is unregistered it is ok.
    More confirmation is good / nice. It was just a blanket letter we received.
    thanks cris
     
  13. Grannie G

    Grannie G Volunteer Moderator

    Apr 3, 2006
    68,642
    Kent
    Just had a phone call from my solicitor who confirmed what Sue said. I was really pleased he phoned, as I`m so used to people saying they`ll call back and don`t.

    He also said when LPA s come into force, they will have to be registered.
     
  14. Westie

    Westie Registered User

    Thank you Sylvia and Sue. Lovely to know there isn't yet another thing to add to my 'to do' list!
     

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