The right to support at a difficult time

Our client had made an Enduring Power of Attorney (EPA) appointing her husband to manage her finances. Her husband said:

“When my wife became mentally incapable, I needed to register the EPA to be able to act under it and make financial decisions for her. There is a process to go through – and I needed to understand how my role would work and my responsibilities, all at a challenging time for us as a family.”

How we helped

We were instructed by the attorney to register the EPA with the Office of the Public Guardian (OPG). This was a two step-process, firstly, the donor and at least three relatives needed to be notified of the intention to register the EPA and secondly, the application needed to be submitted to the OPG.
As the registration process takes around two months to complete, we advised the attorney on his powers, duties and responsibilities both whilst the EPA was being registered and once it had been registered. This included advice regarding acting in the best interests of the donor and in accordance with the Mental Capacity Act and Code of Practice, keeping accounts and powers in relation to making gifts.  

The outcome

The attorney can now make financial decisions on behalf of his wife under the registered EPA. The attorney also has a clear understanding of his role and responsibilities.