This information outlines the requirements for signing and witnessing an enduring power of attorney (EPA) after the removal of Covid-19 public health requirements. It is not intended as legal advice.
No. An EPA must be signed and witnessed in person. The requirements for signing and witnessing EPAs are provided under section 94A of the Protection of Personal and Property Rights Act 1988.
For more information see Setting up an EPA(external link)
What changes had been made previously in light of Covid-19?
In light of the COVID-19 epidemic, the Government previously made a temporary law change to modify the requirements for signing and witnessing EPAs. The change allowed EPAs to be signed and witnessed using audio-visual links where normally they would need to be signed and witnessed in person. All people signing a copy of the EPA had to make it clear on the copy that it was signed this way because the Epidemic Preparedness (COVID-19) Notice 2020 (Epidemic Notice) was in force.
The change came into effect on 24 April 2020 and applied to EPAs made between that date and the expiry of the Epidemic Notice on 20 October 2022.
The Government had used the Epidemic Preparedness (Protection of Personal and Property Rights Act 1988—Enduring Powers of Attorney) Immediate Modification Order 2020 to make that change. Immediate Modification Orders (IMOs) are issued under section 15 of the Epidemic Preparedness Act 2006. IMOs cannot be used to substantially rewrite parts of the law. They can only be used where there is a statutory requirement or restriction that is impossible or impracticable to comply with, or comply with fully, during an epidemic.
If you made an EPA while the Epidemic Notice was in force following the modified requirements for signing and witnessing, it is a valid EPA.
However, it is best practice for parties to sign the same copy of the EPA when it is safe to do so. It may be easier to use a single document later rather than showing that the multiple signed versions make up a valid EPA.
An EPA is a legal document which sets out who can take care of your personal or financial matters if you can't. That person is called your attorney.
You can set up an EPA through a lawyer or trustee corporation.
See Setting up an EPA(external link) for the forms you will need to use to set up an enduring power of attorney for matters relating to your personal care and welfare, and financial matters (property).