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Does an attorney have a right to bring a court action on behalf of the donor under an enduring power of attorney?
Published on: 21 June 2016
Enduring powers of attorney (EPA), as opposed to lasting powers of attorney, are becoming increasingly rare. The prescribed form of EPA gives the donor of the power the option to give the attorney either:
- •
general power to act on his behalf; or
- •
Authority to carry out specific acts on his behalf.
If the donor opts to give the attorney specific powers then whether or not the attorney has the power to instigate proceedings on the donor’s behalf will depend on the extent of the powers given.
In the event that the EPA gives the attorney 'general authority', this is governed by paragraph 3(1) of Schedule 4 to the Mental Capacity
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Enduring power of attorney definition
What does Enduring power of attorney mean?
Before 1 October 2007, when the Mental Capacity Act 2005 came into force causing Lasting power of attorneys to replace Enduring Power of Attorneys, people could obtain an Enduring Power of Attorney to enable a trusted person to act for them if they could no longer manage their finances.
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