There have been recent legislative changes (to the Protection of Personal and Property Rights Act 1988) which will affect those seeking to make Enduring Powers of Attorney. Some of these changes include:
(a) less restrictive requirements for mutual appointments
(b) the adoption of standard explanations to explain the effects and implications of making an EPA
(c) additional certification requirements for the Donor’s witness
(d) optional provisions revoking previous EPA’s and provision for giving notice of such revocation
(e) the duty of attorneys to consult has been expanded
(f) Medical certificates of incapacity are no longer in a prescribed form
(g) EPA forms will now be prescribed to allow for uniformity
The new regime is scheduled to go live as from16 March 2017. Any existing EPA’s will still be OK but all new EPA’s made on or from 16 March must be in the new forms in order to be effective.
If anyone wants to know more, please feel free to contact us to see how you may be affected.