An Enduring Power of Attorney (“EPA”) is a legal document in which you appoint one or two persons to look after your affairs if you are incapable of looking after your affairs at some point in the future.
There is a common misconception that EPAs are only applicable to elderly patients, but this could not be further from the truth. An EPA is also appropriate in situations that result in a serious injury to the brain or other physical and/or mental afflictions which may have a permanent or temporary effect on a person’s ability to manage their affairs.
That is why we recommend to our clients that they execute an Enduring Power of Attorney as a practical precaution in conjunction with their Will. It is also a much more straightforward procedure, and far less costly, than a Ward of Court Application which would be required if you were to become incapacitated without having an EPA in place.
It should be noted that the EPA can be withdrawn or amended at any time and only takes effect when you lose capacity, and the EPA has been registered with the High Court. Only then does the Attorney have the power to make decisions and sign legal documents on your behalf.
You are free to choose your Attorney and you may choose more than one person to act as your Attorney. Generally, a spouse, partner, friend, family member or trusted colleague is appointed.
In addition, you can decide whether you wish to allow your Attorney the power to look after your property and financial matters, your health and personal matters, or indeed all of the foregoing. The decision is entirely yours.
If you would like more information on EPAs, please submit an enquiry via the form on the right and we will get back to you as soon as possible. We look forward to hearing from you.