The present form of Enduring Power of Attorney will be replaced by the new form of Lasting Power of Attorney due to be introduced under the Mental Capacity Act 1925. These will be available for use from April 2007.

The new forms will involve new procedures and will require more information to prepare than is required under the current Enduring power of attorney. It is likely that your professional adviser will require one meeting to discuss and take all the information necessary and then a further meeting to arrange execution. The arrangements for execution of the new forms will be different from the existing procedure in that it involves the signing of a certificate by the witness. This certificate confirms, amongst other matters, that the form was signed and discussed with you without the presence of any other person.

There are to be restrictions as to who you can appoint as Attorney. The professional adviser may need to check that the person who you wish to appoint is not on the restricted list.

Once the new form has been signed there is a system of registration at the public guardianship office. The registration process must be completed before the attorney could start acting under the power.

Inevitably these new procedures will involve the professional adviser spending much more time in preparation and completion of the new forms than is usually the case under the current forms and procedure.

The additional time in dealing with the procedure and ensuring that the correct advice is given, and the additional responsibilities, will need to be reflected in the professional adviser’s fees. If you were considering making an Enduring power of attorney it would therefore be advisable to arrange this before the new forms and procedure come into force. The standard charge imposed by this firm under the present system will hold good until the new procedure come into force. At that time the new cost will reflect the additional time and new procedures.

If you would like further information on the new procedures or wish to make an enduring power of attorney under the existing procedures please contact Jackaman Smith & Mulley. We are conveniently situated in the centre of Diss near to public car parking. We also have limited parking at the rear of our premises for clients whilst they are at our office. Our address is Park House Mere Street Diss IP22 4JY. Please ask for Mr. Stephen Abbott who deals with powers of attorney and wills and probate. Telephone 01379 643555 or email him on stephen.abbott@jsm.co.uk. Or you may wish to visit our web site at www.jsm.co.uk. There are also branches in Ipswich and Felixstowe.