Q&A: Updating An Enduring Power of Attorney

 

Q.  My aunt created an Enduring Power of Attorney in 2006. I have heard that these have been replaced with Lasting Powers of Attorney.  Can she update her existing Enduring Power of Attorney to a Lasting Power of Attorney?

A.  Lasting Powers of Attorney were introduced in 2007 and allow you to appoint Attorneys to deal with both financial affairs and personal welfare.  However, Enduring Powers of Attorney created before 30 September 2007 are still effective. 

Your aunt unfortunately cannot just update her existing Enduring Power of Attorney if she wishes to make changes.  She will have to enter into a new Lasting Power of Attorney and revoke her current Enduring Power of Attorney, ensuring that the Attorneys appointed under the revoked Enduring Power of Attorney are given notice of it’s revocation to avoid any future difficulties.  To ensure that the correct formalities are dealt with she might prefer to take advice from a suitably experienced solicitor.

Jo Wild, Solicitor

This article was previously published in the Stamford Mercury.