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F E Smith
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In 1997 made an ENDURING POWER of ATTORNEY I know the rules

Resolved Question:

In 1997 made an ENDURING POWER of ATTORNEY I know the rules have changed so do I have to make another ?
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

There is no need to make the later Lasting Power of Attorney if you have an old Enduring Power of Attorney which was created prior to1 October 2007.

You can’t do a new enduring power but you can still register the old one with the Office of the Public Guardian.

Unlike the later Lasting Power an Enduring Power can be used without registration as long as you have mental capacity.

Can I clarify anything for you?

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FES.

Customer: replied 6 months ago.
On my enduring power The address of my 2 children are written in it.They are my attorney (jointly)for my Enduring power.These addresses are now different will they be changed when I register ? Can I register it myself now as i have all my mental facilties ?
Expert:  F E Smith replied 6 months ago.

The children’s addresses don’t need changing until such time as it’s registered. They were living at that address at the time drafted so that identifies them adequately.

It is not registered by you, it is registered by your attorneys when you lose mental capacity not before.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience: I have been practising for 30 years.
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