New forms for creating Enduring Powers of Attorney released
16 March 2017.
New forms for creating Enduring Powers of Attorney (EPAs) are now available on the MSD website, along with a new certificate for the authorised witness to an EPA, and standard explanations of what creating an EPA means.
An EPA is a document that allows you (the “donor” of the EPA) to appoint another person (your “attorney”) to make decisions on your behalf in case you are later incapable of making those decisions yourself. There are two types of EPA – EPAs in relation to property, and EPAs in relation to personal care and welfare. There are some differences between when each type of EPA can come into effect, and who can be appointed as your attorney.
From 16 March 2017, new EPAs must be made using the new forms to ensure they comply with changes to the Protection of Personal and Property Rights Act 1988 and the Protection of Personal and Property Rights (Enduring Powers of Attorney Forms and Prescribed Information) Regulations 2008.
The new forms include an option to revoke EPAs you have previously made. Also, as a donor, you will now be able to revoke the appointment of an attorney without revoking your entire EPA, as long as you are competent to make that decision and have named a successor attorney who can take over.
Authorised witnesses to the donor’s signature to an EPA must use the new witness certificate. They will need to certify, in addition to current requirements, that the donor understands the nature of the instrument, the potential risks and consequences, and is not acting under duress. Authorised witnesses may use the standard explanation to help explain the effects and implications of the EPA to their clients.
It will now be possible for the same authorised witness to be the witness for two people who are making each other their attorney, as long as the authorised witness is satisfied that doing so constitutes no more than a negligible conflict of interest.
Health practitioners determining whether somebody is capable of making decisions in relation to their property or their personal care and welfare no longer have to use a prescribed form of medical certificate. However, they must ensure that their certificate includes the information prescribed in regulation 5 of the Regulations.
