As of the 26 April 2023 the long-awaited Assisted Decision Making Capacity Act of 2015 has commenced.
This Act will have several implications for many people, one being Enduring Power of Attorneys.
Currently an Enduring Power of Attorney is created by a donor who appoints an Attorney to act on their behalf should they become unable to make their own decisions or administer their affairs.
At present, it is a two-step process where an Enduring Power of Attorney is created and is only registered upon a donor not having capacity to administer their affairs or make personal care decisions.
The new Act dictates when an Enduring Power of Attorney is created, it is registered with the new Director of the Decision Support Services.
It is important for clients to note that they can amend or make an Enduring Power of Attorney at any time, provided that they have the required capacity to do so.
Should anyone have any queries in relation to this, please contact Powderly Solicitors on 01-6284333 or firstname.lastname@example.org.