Check an enduring power is legal

You can only use an enduring power of attorney (EPA) if it was made correctly.

Check that the EPA form was:

  • made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)
  • signed by the donor and a witness who was not one of the attorneys for the EPA
  • signed by all the attorneys

When the EPA was made you and any other attorneys had to be:

  • 18 or over
  • not bankrupt - and have not been bankrupt since

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.