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When does an Enduring Power of Attorney need to be registered?

An Enduring Power of Attorney needs to be registered when the Donor (the person granting the power) is becoming, or has become, unable to deal with their own property and financial affairs. It is the responsibility of the Attorneys to register the Enduring Power of Attorney if/when it is appropriate to do so. 

It may be the case that the Attorneys are already using an unregistered Enduring Power of Attorney, but the same rule still applies. Once the Donor starts to become, or has become, unable to deal with their own financial affairs, the power granted to the Attorneys by the Enduring Power of Attorney is suspended until the Enduring Power of Attorney has been registered by the Office of the Public Guardian.

The current registration fee is £110, subject to any applicable fee exemptions or remissions. 

An application to register an Enduring Power of Attorney needs to be made on a prescribed form. To apply for a fee exemption or remission, a separate application form would also need to be completed with supporting evidence. In addition, certain people must be notified about the application to register the Enduring Power of Attorney, if it is possible to do so. It is important to bear in mind that there are timescales which must be complied with to ensure that the application will not be rejected. 

It is no longer possible to make new Enduring Powers of Attorney. However, existing Enduring Powers of Attorney that were created prior to October 2007 remain valid, they can continue to be used, and they need to be registered if/when it ever becomes appropriate. Enduring Powers of Attorney only cover property and financial affairs. 

Enduring Powers of Attorney were replaced in October 2007 by Lasting Powers of Attorney, which gave more protection and additional options. It is now possible to make two different types of Lasting Power of Attorney: one for property and financial affairs and one for health and welfare. If you already have an Enduring Power of Attorney, you may also wish to consider making a Lasting Power of Attorney to cover your health and welfare. 

If you are unsure about whether an Enduring Power of Attorney needs to be registered, or if you would like to make a Lasting Power of Attorney, speak to Sally Cook or Karen Yates in our Private Client team on 0800 083 0815 or 0161 764 5266.