Enduring Powers of Attorney give someone else (“your attorney”) the ability to make decisions on your behalf. Having signed documents in place gives you peace of mind as to who will be taking care of things if you’re not able to.
There are two kinds:
Care and Welfare
This person makes decisions about your medical care and welfare once a doctor has certified that you have lost mental capacity.
You can only appoint one person at a time to act in this role, but it is possible to have a back-up person if the first appointed person is not able to act.
Property
You are able to appoint multiple people to act in this capacity at once. This person (or people) has general power to make decisions about your property – for example selling your house or investing your savings. Often people will appoint a family member as well as a legal professional.
The property powers can come into effect upon signing if you choose (i.e. while you still have capacity) – this means your property attorney could, for example), pop down to the bank on your behalf if you asked them. The property powers will continue in effect once a doctor has certified you have lost mental capacity.
In both cases, you can require your attorney(s) to consult with other people and/or provide information to other people.
What Happens if I Die?
Enduring Powers of Attorney apply while you are alive. Once you pass away, they become redundant, and the provisions of your will apply.
What Happens if Get Dementia?
If you lose mental capacity, and you don’t have Enduring Powers of Attorney in place, then a court application is required to give someone else the ability to make decisions on your behalf. That process can be costly, and in most cases those granted the powers of a property manager or a welfare guardian will have to apply to the court for a review every 3 years (thus incurring further costs).
Choosing an attorney can be a big decision, as you are placing a lot of trust in them. Our team is experienced in drawing up Enduring Powers of Attorney, and is happy to guide you through the process.
