You hold an activated Enduring Power of Attorney (“EPA”) for property on behalf of a much loved one (known under the document as the Donor). Can you (the Attorney) vote on election day for and on behalf of the Donor?

Attorneys do have an obligation as part of their decision making process to think about what the Donor would have wanted to be done. Sometimes though you would not know their thoughts or where their thinking would be. However, if you wish to you can vote on their behalf (except in certain circumstances if the Donor is in a mental health facility under a Court order).

There is an enrolment form that can be obtained from the Electoral Commission. If the Donor is enrolled to vote, and you are enrolled to vote, and the Donor has an activated EPA in your favour (or the Court has appointed you as the Donor’s welfare guardian) you can complete that enrolment form. Then you must complete another form enabling the Electoral Commission to contact you as the accepted representative and attorney of the Donor.

It is best to give yourself plenty of time to complete the process with the Commission. A good idea would be to discuss the issues with your lawyer as you progress here.