Jessica Jarvis

New EPAs can no longer be created, however if a person has an EPA made before October 2007, either registered or unregistered, it can still continue to be used.

LPAs have now replaced EPAs, which only allowed people to appoint Attorneys to make decisions about property and financial matters on their behalf. The new LPAs give more protection and extra options.

If someone has already made an EPA and still has capacity, they can either replace it with a new Property and Affairs LPA or can keep the existing EPA. They can also make an additional LPA for personal welfare decisions. The OPG can provide information about the options available.

The EPA must be registered when the Donor has become or is becoming mentally incapable. Registration does not change the powers granted to Attorneys under the EPA, but it does bring about three important changes:

• the Attorney(s) must now answer to the OPG or the Court if anyone questions their actions; and

• the Donor cannot end the EPA without confirmation from the Court; and

• the Attorney(s) cannot disclaim (retire) unless they give notice of this to the OPG.