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EPA, LPA query

including wills and probate
didds
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Re: EPA, LPA query

#244172

Postby didds » August 14th, 2019, 10:03 am

Thanks for all the replies. As so many things it seems that the answer is somewhat unknown - we have clashing interpretations in this thread as an example. So whilst I agree its seems potentially a waste of money the definitive (if possibly redundant) solution seems nonetheless to have 2 x LPA and to tear up the EPA

cheers!


didds

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Re: EPA, LPA query

#244270

Postby Clitheroekid » August 14th, 2019, 3:15 pm

didds wrote:Thanks for all the replies. As so many things it seems that the answer is somewhat unknown - we have clashing interpretations in this thread as an example. So whilst I agree its seems potentially a waste of money the definitive (if possibly redundant) solution seems nonetheless to have 2 x LPA and to tear up the EPA

I don't agree. The EPA is perfectly fine to cover financial and property affairs, and I can see no justification for wasting your money on that type of LPA unless you want to change the identity of the attorneys or impose some form of guidance / restrictions on them.

The debate has been solely about whether the EPA also covers health and welfare issues, and it clearly doesn't. So if you think it's worth doing then go ahead.

However, many people - and I tend to agree - take the view that a H&W LPA is not really much use. The very nature of the decisions enabled by a H&W LPA is such that the attorney would almost always need specialist advice, and in practice it's the specialists who will make the decisions, as very few attorneys would have the confidence to act contrary to that advice. This is exactly what happens without an LPA, so why bother?

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Re: EPA, LPA query

#244274

Postby ouzo » August 14th, 2019, 3:27 pm

I had EPAs for two of my aunts; one was registered with the OPG. I knew that EPAs ceased on death but hadn't realised that you're supposed to send the original EPA plus a copy of the death certificate to the OPG - I had a long list of 'organisations to notify' (not sure where from) but the OPG wasn't one of them.

Given that the death was over seven years ago now (and that I've probably destroyed the EPA), is it a bit late to tell them?!?

Regards
Ann

didds
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Re: EPA, LPA query

#244306

Postby didds » August 14th, 2019, 4:47 pm

Many thanks as ever to CK for his advice. I am now convinced :-)

didds


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