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Enduring Powers of Attorney

Volume 448: debated on Tuesday 4 July 2006

To ask the Minister of State, Department for Constitutional Affairs what information her Department makes available on the signing of Enduring Powers of Attorney; and why the scheme is ending in April. (81411)

The Public Guardianship Office (PGO) has information on its website regarding Enduring Powers of Attorney (EPA) and publishes a guide on how to make an Enduring Power of Attorney.

This document can be found on the PGO website at: http://www.guardianship.gov.uk/downloads/EPA.web.pdf This can be downloaded in large font, and easy to read formats.

The Enduring Powers of Attorney Act will be repealed on enactment of the Mental Capacity Act 2005, planned for April 2007. Enduring Powers of Attorney will be replaced by Lasting Powers of Attorney. These new legal instruments will cover deputy decision-making arrangements for both financial and heath and welfare issues. Lasting Powers of Attorney will offer additional safeguards and will provide the donor with more choice and flexibility as to whom they can appoint and the decisions that can be delegated to them.

Although the Enduring Powers of Attorney Act 1985 will be repealed on implementation of the Mental Capacity Act, the legal effect of an EPA already made under the current law will be preserved. It will be possible to make an EPA until the point of enactment, and people will still be able to register and use Enduring Powers of Attorney after the Act is implemented.