Power of attorney

[want2findout]

A power of attorney was set up 5 years ago but was not put in to action as the person involved was capable of running their own affairs. However the person in question is now quite elderly and circumstances have changed. Can anyone tell me if the original documents are still valid. Or due to the new regulations do we have to start again?
Many thanks

[NORMANTHEDOG]

i wouldent think so,it would only last a certain time,but check with a solicitor

[Barmaid]

Was the original power a straightforward PoA or and Enduring Power of Attorney? I am assuming (please correct me if wrong) that the donor of the power has now lost, or is losing capacity? If so, this has the effect of revoking the PoA. HOWEVER if it is an EPA, the attorney should apply for registration of the power and can then continue to act on the donor's behalf. Assuming the forms were correctly completed and executed, they will still be valid today. The MCA expressly preserves existing EPAs, but since 1 October you have been unable to make an EPA and have to make a Lasting Power of Attorney (LPA) instead.