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  6. Can I amend an Enduring Power of Attorney?

Can I amend an Enduring Power of Attorney?

My client executed an Enduring Power of Attorney (EPA) in July 2007. She appointed two attorneys but now wishes to remove one. Is it possible to amend the EPA?

Where more than one attorney is appointed under an EPA they must be appointed to act ‘jointly’ or ‘jointly and severally’.

Joint and several attorneys can act together or independently. An EPA will not be automatically terminated by the removal of one attorney. However, when an EPA is registered with the Office of the Public Guardian due to the Donor losing capacity, a Donor cannot remove an attorney.

Joint attorneys must act together and cannot act separately. An EPA with joint attorneys will terminate if one of the attorneys is removed.

From 1 October 2007 new EPAs can no longer be created, so if you terminate your existing EPA by removing a joint attorney, you should consider entering into a new and different type of power of attorney called a Lasting Power of Attorney (LPA).

For more information see the Justice website and the Law Society’s Practice Note on Lasting Powers of Attorney

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Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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