Home Wills, Enduring Powers of Attorney & Advance Directives (Living Will) Enduring Power of Attorney

Enduring Power of Attorney

 

An Enduring Power of Attorney is a legal document that gives someone you appoint the power to make decisions for you in the event you are no longer able to. The person or persons you appoint are known as your Attorney. An Attorney can make decisions about your property, finances and your personal care and welfare.

Why you should have an Enduring Power of Attorney

If you have an event or episode and you don’t have Enduring Powers of Attorney in place, your spouse/partner or wider family may need to apply to the court to obtain an order to act on your behalf. This is both an expensive and stressful process.

 

There are two different types of Enduring Powers of Attorney

 

 1. Enduring Powers of Attorney for Property

Under this document, the person or persons you appoint can act on your behalf either immediately or if you lose mental capacity. That choice is yours at the time you make the attorney. We can advise you and help you with that decision.

This gives your Attorney the ability to make decisions in relation to your financial affairs. For example, they could complete an application for rest home care should you require it. They can act on your bank accounts, pay your bills and buy and sell assets including your home.

 

 2. Enduring Powers of Attorney for Personal Care and Welfare

Under this document, the person you appoint can make decisions about your personal welfare, health and living arrangements. You can only appoint one personal care attorney at a time.

These attorneys only come into effect if you lose mental capacity as certified by a Doctor or should a Court make that finding.

 

Setting up your Enduring Powers of Attorney

Our Team of experienced Lawyers and Legal Executives can assist you with setting up your Enduring Powers of Attorney, advising you, and protecting your interests.

 

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