Enduring Power of Attorney
Appoint someone you trust to make decisions if you're no longer able to.
Life can be unpredictable, and planning ahead is one of the most important things you can do to protect your future and the people you care about. An Enduring Power of Attorney (EPA) allows you to appoint someone you trust to make decisions about your financial affairs if you lose the ability to do so yourself. Whether due to illness, accident, or age-related conditions such as dementia, having an EPA in place ensures that your finances, property, and legal matters are managed by someone who understands your wishes.
At Kempton Redman Law, we provide clear, compassionate advice to help you put the right legal safeguards in place. Our experienced solicitors will guide you through every step of the process — from choosing your attorney, drafting the document, and arranging for proper signing, to registration with the Office of Care and Protection if needed in future. By planning now, you can avoid the stress and cost of court applications for your loved ones, and ensure that your affairs are managed smoothly if the unexpected happens.
Protect your independence, your family, and your peace of mind — speak to Kempton Redman Law today about making an Enduring Power of Attorney.
What is an Enduring Power of Attorney (EPA)?
An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint someone you trust to manage your financial and property affairs if you lose mental capacity in the future. Unlike a general Power of Attorney, an EPA remains valid even if you can no longer make decisions for yourself. It must be created while you still have capacity and can later be registered with the Office of Care and Protection if needed. At Kempton Redman Law, we help you set up an EPA with clear, professional guidance to ensure your interests are protected and your wishes are respected.
Who should have an EPA?
An Enduring Power of Attorney (EPA) is something everyone should consider, regardless of age or health. It is particularly important for older adults who want to plan ahead for the possibility of age-related conditions like dementia, or for individuals with ongoing medical issues that may affect their ability to make decisions in the future. It’s also essential for anyone with significant assets, such as property, investments, or a business, to ensure those affairs are managed smoothly if they lose capacity. Even those without close family should have an EPA in place, allowing them to appoint someone they trust to act on their behalf.
Ultimately, having an EPA avoids court intervention, reduces stress for loved ones, and gives you control over who manages your financial matters if you’re no longer able to do so yourself. We recommend to all of our clients to have an Enduring Power of Attorney in place.
What happens if I don’t have an EPA?
If you lose mental capacity and don’t have an Enduring Power of Attorney (EPA) in place, your loved ones won’t have the automatic legal right to manage your financial affairs — even if they are close family members. Instead, they will need to apply to the Office of Care and Protection for permission to act on your behalf.
This process can be time-consuming, costly, and emotionally difficult, often requiring medical evidence and ongoing court supervision. It may also mean that someone you wouldn’t have chosen ends up managing your finances. Without an EPA, your family could face delays in accessing your money to pay bills, manage property, or make important financial decisions at a critical time.
Creating an EPA in advance ensures that your affairs are handled quickly, efficiently, and by someone you trust — without the need for court involvement.
FAQs
What is an Enduring Power of Attorney?
An EPA is a legal document that allows someone you trust to manage your financial and property affairs if you lose mental capacity.
Why should I have an Enduring Power of Attorney?
Anyone over 18 can create an EPA. It’s especially important for those with health concerns, significant assets, or who want to avoid future legal complications.
Who should have an Enduring Power of Attorney?
Everyone should have an Enduring Power of Attorney. This document is extremely important and can help avoid lengthy and costly processes.
What if I don’t have an Enduring Power of Attorney?
Your family would need to apply to the Office of Care and Protection to manage your affairs, which can be a lengthy and costly process.
What powers does my attorney have?
Your attorney can manage your property, bank accounts, investments, and other financial matters — but only within the scope you agree to.
When does an Enduring Power of Attorney come into effect?
An EPA only becomes active if you lose mental capacity and it has been registered with the Office of Care and Protection.
Can I appoint more than one attorney?
Yes, you can appoint multiple attorneys to act jointly or independently, depending on your preference.
Is there protection to protect me against attorneys acting in bad faith?
Yes, there are protective measures in place if an attorney is deemed to be acting in bad faith and not in the best interests of the donor. Speak to one of our solicitors today who can advise more.
How much does an EPA cost?
Contact our team today to receive a quote in relation to our Future Planning services.
Related Topics
Will Writing
Trusts & Transfers
Future Planning
Protect Your Wealth