Enduring power of attorney: acting as an attorney
Check an enduring power is legal
You can only use an enduring power of attorney (EPA) if it was made correctly.
Check that the EPA form was:
- made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)
- signed by the donor and a witness who was not one of the attorneys for the EPA
- signed by all the attorneys
When the EPA was made you and any other attorneys had to be:
- 18 or over
- not bankrupt - and have not been bankrupt since
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.