Enduring Powers of Attorney - issues that arise and advice that should be given 2025 - Legal Executives - On Demand

Package includes:

On Demand Module  | Electronic booklet  |  PowerPoint Presentation

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On Demand Module

Enduring powers of attorney (EPAs) are a regular part of many legal executives’ practice. In many ways they can seem routine, but they are hugely important documents that have the potential to have a serious impact on clients’ lives and the lives of their loved ones. This module will address what should be considered when completing an EPA, what advice should be given, who should give it, and who to. It will also consider common issues that arise and how to address them.

Learning objectives

After completing this module you will:

• Know what should be considered when completing an EPA.
• Understand what advice should be given, who should give it, and who to.
• Be able to recognise common issues that arise and know how to address them.

Electronic paper 

Author: Helen Tyree
Published: 2 September 2025
Pages: 8

Introduction

The Protection of Personal and Property Rights Act 1988 (the Act, PPPR Act) sets out methods for determining who will be responsible for decision making for someone when they have lost capacity to make decision for themselves.

The work we as lawyers and legal executives undertake pursuant to the Act is therefore important and profound, for the following reasons:

• Those who lack capacity are by definition vulnerable and their interests need to be protected.
• On the other hand the orders and Enduring Powers of Attorney (EPOA) that can be made pursuant to the Act can have the effect of removing someone’s right to make even the most basic decisions about their own life, and this should not be done lightly.
• The proceedings and EPOAs can make a huge difference in how someone lives the remainder of their life.
• The operation of the law in this area can have a huge effect on wider family relationships, particularly during the difficult time when a family member loses capacity.

The Act provides for two broad situations, the first being when a person has lost capacity without having a Power of Attorney in place, and another person must make applications to the court for appointment to the role of decision maker. The second is when a person still has capacity and wishes to nominate their decision maker themselves (EPOA).

This paper provides practical guidance on what to consider when completing Powers of Attorney for a client.

PowerPoint Presentation

These are the slides included in the presentation.