EPA/LPA Considerations and discussion

[AnthonyL]

My wife and I had EPAs drawn up some years back, the originals sitting
with the solicitors that did our Wills at the time.

I'm now looking at minor amendments and that brings into question
whether LPAs should be used instead, and both Financial and Health.

I understand that the EPA may take some time for registration (though
some sites intimate that they can be used for some purposes without
registration) and AIUI primarily covers Financial affairs.

So before I go any further I'm seeking views and practical experiences
with one or the other.

Additionally what is a "Repeat LPA application" for which there is a
Fee?


--
AnthonyL

Why ever wait to finish a job before starting the next?

[Simon Parker]

On 22/02/2024 13:07, AnthonyL wrote:
> My wife and I had EPAs drawn up some years back, the originals sitting
> with the solicitors that did our Wills at the time.
>
> I'm now looking at minor amendments and that brings into question
> whether LPAs should be used instead, and both Financial and Health.

I would respectfully suggest that it doesn't "bring into question
whether LPAs should be used instead" as there is no process by which
existing EPAs (signed and witnessed before October 2007) can be amended.

The process which must be followed to make adjustments to an existing
EPA is to cancel the EPA and replace it with an LPA.

To cancel an unregistered EPA you need to made a "Deed of Revocation",
(sample below [1]) and then keep that with the original EPA form.

You are required to let let your attorney(s) and any relevant banks and
financial providers know that you have cancelled the EPA.

In the name of completeness, if the EPA has been registered it is
necessary to apply to the Court of Protection (CoP) to cancel the
registered EPA which must be done using forms COP1 [2] and COP24 [3] and
there's a fee (currently £371) to apply to revoke the EPA (although if
you are in receipt of certain benefits you can receive assistance with
the fee by completing Form COP44a [4]) with the whole process taking up
to sixteen weeks.

> I understand that the EPA may take some time for registration (though
> some sites intimate that they can be used for some purposes without
> registration) and AIUI primarily covers Financial affairs.
>
> So before I go any further I'm seeking views and practical experiences
> with one or the other.

We have both LPAs for all members of my immediately family as I consider
it too risky not to. Care needs to be taken in completing the forms,
but it is not necessary to employ the services of a lawyer, unless one
is minded to make a contribution towards said lawyers next car / divorce
/ retirement fund (delete as applicable depending upon the predilections
of your chosen lawyer). :-)

In case you consider my experience atypical, a relative of mine is a
horticulturalist (so no relevant qualifications) and was able to
complete LPAs for his father without formal assistance merely by using
the details provided in the "Complete Pack" available here. [5]

> Additionally what is a "Repeat LPA application" for which there is a
> Fee?

If you make a mistake in the completing the application and need to
reapply, you need to pay the "Repeat LPA Application" fee for each
resubmitted application. (If it takes you three goes at getting the CoP
to accept the application, you'll have paid the initial £81 plus two
times £41 for the repeated applications, so £162 in total.)

Regards

S.P.

[1] Sample "Deed of Revocation"

Deed of revocation

This deed of revocation is made by [your name] of [your address].

1: I granted an enduring power of attorney on [date you signed the
enduring power of attorney] appointing [name of first attorney] of
[address of first attorney] and [name of second attorney] of [address of
second attorney] to act as my attorney(s).

2: I revoke the enduring power of attorney and the authority granted by it.

Signed and delivered as a deed [your signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]

[2]
https://www.gov.uk/government/publications/apply-to-make-decisions-on-someones-behalf-form-cop1

[3]
https://www.gov.uk/government/publications/give-a-witness-statement-about-a-person-who-lacks-capacity-form-cop24

[4]
https://www.gov.uk/government/publications/apply-for-help-with-court-of-protection-fees-form-cop44a

[5]
https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney