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If the donor under an Enduring Power of Attorney (EPA) loses mental capacity; are there any circumstances in which the attorney can continue to act on the donor’s behalf before the EPA is registered?

If the donor under an Enduring Power of Attorney (EPA) loses mental capacity, the EPA is not automatically revoked, as would be the case for an ordinary power of attorney. However, the attorney under an EPA is under a duty to register the EPA when the onset of mental incapacity begins.

Once the application for registration has been made then the attorney will have only restricted powers to act on behalf of the donor, pending completion of the registration process. Those restrictions allow the attorney to take action under the power for two purposes only until it is registered, namely:

  • to maintain the donor or prevent loss to their estate, or
  • to maintain himself or other persons in so far as the law permits them to do so.

Therefore, if the registration process has not yet begun, the attorney would have no authority to take action under the power.

If you would like a chat to discuss further, please feel free to contact me for a free 30-minute consultation.

Sophie Campbell

01637 800 306

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