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A donor may make more than one EPA appointing different attorneys to do different things.
Limiting the attorney’s authority to act
The donor can give the attorney:
• a general authority to carry out transactions;
• specific authority limiting the power to act as attorney only when they become mentally incapacitated;
• the document may also set limits on the type of transactions for which authority is given.
Revoking the power
The donor may cancel or revoke an EPA at any time provided he or she has mental capacity. However, note that an EPA cannot be cancelled or revoked without the Court’s consent once it has been registered.
If you wish to revoke (cancel) an EPA and create a new document you should
• write to the attorney(s) advising them that the document has been revoked;
• inform all the banks, building societies and other institutions where you have invested money, that the document has been revoked;
• you will also need to add a clause to the new EPA stating either‘I REVOKE the Enduring Power of Attorney made by me on (date)’ or
‘I REVOKE all Enduring Powers of Attorney previously made by me’.
If the EPA permits the attorney to act for the donor while the donor is still mentally able to act for him/herself and if the donor wishes the attorney to do so, the attorney should show the EPA to banks, building societies or wherever the donor has assets to prove his/her authority to act on the donor’s behalf. You may wish to include in the EPA a request that the attorney(s) should regularly provide you with details of expenditure and income. House Clearance Trafford advises If the EPA is registered then the accounts could be sent to your solicitor, this would provide an extra level of security.
An attorney may sign on behalf of the donor who is a non-tax payer for bank and building society interest to be paid without deduction of income tax. However, the attorney may not sign a tax return or a declaration for an Individual Savings Account (ISA) on behalf of the donor until the EPA has been registered – see next section. An exception may be made if the donor is disabled.
Some points to note
• To ensure greater security it is advisable to restrict the use of the EPA until after it has been registered. However, you may wish to create an ordinary power of attorney giving the attorney limited powers to act if you should suffer a problem affecting your physical health;
• When considering an EPA you should take into account the risks as well as benefits in giving an enduring power of attorney to someone. For example, no security is given by the attorney for his/her actions;
• An EPA is a valuable document and should be stored in a safe place. If you leave it with your solicitor you may wish to instruct him/her to release the document to the attorney(s) if they wish to register it;
• As some banks and building societies are reluctant to accept an EPA created several years earlier, it may be advisable to inform these institutions that you have created the document even if the attorney is not permitted to use the document until it has been registered.