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Enduring Powers of Attorney: The law Societys Guidelines for Solicitors

In summer 1996, the Law Society published guidelines to assist solicitors in advising clients who wish to draw up an Enduring Power of Attorney (EPA). The guidelines were prepared by the Societys Mental Health and Disability Sub Committee in response to a number of ethical and practical questions which are often raised by practitioners with the Societys Professional Ethics Division or Practice Advice Service. Details of how to obtain a free copy of the guidelines are given at the end of this article.

1 January 1997

Enduring Powers of Attorney: The law Society's Guidelines for Solicitors

In summer 1996, the Law Society published guidelines to assist solicitors in advising clients who wish to draw up an Enduring Power of Attorney (EPA). The guidelines were prepared by the Society's Mental Health and Disability Sub-Committee in response to a number of ethical and practical questions which are often raised by practitioners with the Society's Professional Ethics Division or Practice Advice Service. Details of how to obtain a free copy of the guidelines are given at the end of this article.

The guidelines set out points for consideration which may be relevant according to the individual circumstances of the person making the EPA. Different considerations will, of course, apply to donors who make an EPA as a precautionary measure while they are still in the 'prime of life' and those who are of borderline mental capacity, where the EPA may need to be registered immediately.

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