Enduring Power of Attorney - keeping you protected

The basis for EPAs is set out in Part 9 of the Protection of Personal and Property Rights Act 1988 (the Act).

The Act was amended in 2007 to provide better protection for people in the way EPAs are set up and in the way an attorney can act under them.

There are two types of EPAs:

• A Personal Care and Welfare EPA appoints one person as your attorney to make decisions about your personal care and welfare on your behalf if you become mentally incapable

• A Property EPA appoints one or more attorneys to manage and make decisions about your property affairs.  You can, if you wish, give your attorney authority to manage your property affairs while you still have capacity.

Most people give both types of EPA. The same individual can be both your Personal Care and Welfare Attorney and your Property Attorney. However, a trustee corporation cannot be your Personal Care and Welfare Attorney.