ALTERNATIVE OR SUCCESSIVE EPAS
JUNE 4TH 2009 | 11:04 TAGS:
Although no new Enduring Powers of Attorney (EPAs) can be created since 30 September 2007 there are nevertheless thousands of EPAs in existence and their validity may only be checked when registration is attempted.
There is no limit on the number of EPAs a donor can create and in the case of multiple appointments they can be concurrent or successive. The recent case of Re J [2009] EWHC 436 has considered whether a single EPA was valid, which purported to appoint the donor’s spouse but should she predecease the donor or be unable to act or continue to act then in the alternative his three sons jointly and severally.
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