Powers of Attorney
A power of attorney is a document giving someone the power to act for you if you lose the capacity to make decisions yourself.
An ordinary power of attorney can only be used while the donor has mental capacity. An Enduring Power of Attorney will continue to be effective beyond that point.
There are two types of Enduring Power of Attorney (EPA for short). One is for your financial affairs (a Property EPA) and the other for your care and welfare (a Personal Care & Welfare EPA).
You can appoint more than one attorney for your Property EPA. You can use this EPA immediately if you wish. If you do, then your attorney/s can act for you on your instructions until you are incapable of being able to make these decisions for yourself. From that point on the power ‘endures’ and is not automatically cancelled.
With a Personal Care and Welfare EPA you can only have one attorney for your personal care and welfare and this power of attorney is only activated once you are judged as not being able to care for yourself.
There are strict requirements for the creation and use of Enduring Power of Attorney that require legal advice. You should contact Harris Tate if you are considering establishing an Enduring Power of Attorney or need to use one to administer the affairs of someone else.
Authors: Alan Tate, Michelle Bethell, Betty Crane, Lesley Monteiro, Glenice Ryan
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