At First Law Solicitors, we provide clear and practical advice to individuals and families who hold or manage Enduring Powers of Attorney. Although new Enduring Powers of Attorney can no longer be created, many remain valid if they were signed before October 2007. Our solicitors help you check, update and register these older documents to ensure they continue to operate lawfully and effectively. We also advise attorneys on their duties and reporting responsibilities under current Office of the Public Guardian rules.
An Enduring Power of Attorney is a legal document that allows one or more trusted people to manage your property and financial affairs. Before the Mental Capacity Act 2005 came into force, Enduring Powers of Attorney were the standard form of Power of Attorney in England and Wales.
Enduring Powers of Attorney signed before 1 October 2007 remain legally valid. However, if the donor, meaning the person who made the Enduring Power of Attorney, has lost or is losing mental capacity, the document must be registered with the Office of the Public Guardian before it can be used. Our solicitors review existing Enduring Powers of Attorney to ensure they meet these requirements and continue to reflect your current wishes and financial circumstances.
We provide practical, step-by-step support to ensure your Enduring Power of Attorney is valid, up to date and properly registered where required. Our service includes checking the original document to confirm that it meets the legal criteria, advising attorneys on their powers and limits under the Mental Capacity Act 2005, registering the Enduring Power of Attorney with the Office of the Public Guardian where the donor has lost or is losing capacity, and ensuring that the registration process and records comply with modern digital and data protection standards.
Where appropriate, we also advise clients on creating a Lasting Power of Attorney to run alongside or replace an existing Enduring Power of Attorney, providing more comprehensive control over financial matters and, where needed, health and welfare decisions.
Since 2025, the Office of the Public Guardian has introduced secure digital services for managing registered Enduring Powers of Attorney. Our solicitors ensure that all submissions and supporting information comply with the Digital Verification Services framework, using Qualified Electronic Signatures where permitted for verification and identity checks.
We also ensure that all personal and financial data is processed in line with UK GDPR and the Data (Use and Access) Act 2025, under the supervision of the Information Commission, formerly the ICO.
Legal advice is particularly important where the donor is losing mental capacity and the Enduring Power of Attorney has not yet been registered, where attorneys are unsure of their duties or record-keeping obligations, where the document is old and may no longer reflect current financial circumstances or family arrangements, or where disputes have arisen between attorneys or with family members about how the Enduring Power of Attorney is being used.
Our solicitors help resolve these issues quickly and lawfully, ensuring that all actions are taken in the donor’s best interests and in compliance with the law.
At First Law Solicitors, we understand how sensitive matters involving Powers of Attorney can be. We provide calm, professional advice tailored to your family’s needs and ensure that every step taken complies with the Mental Capacity Act 2005 and current Office of the Public Guardian practice. Our aim is to give you peace of mind that your existing Enduring Power of Attorney continues to protect the donor’s financial and legal interests.
If you hold or manage an existing Enduring Power of Attorney, contact First Law Solicitors today for expert advice. We provide clear and practical support to help you check validity, complete registration and meet all legal obligations.
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