What Is An Enduring Power Of Attorney And Why Do I Need One?

As we get older some of us will need to put our affairs in the hands of others. This could be for many reasons but usually when we become mentally incapacitated.

What?
An Enduring Power of Attorney is a document that can be created by you (the Donor) to formally appoint another person or persons (the Attorney(s) and to grant them authority to act on your behalf and in your name as if they are you.

Who?
Your Attorney(s) must be people you trust as they will have the authority to deal with personal and financial affairs and also with issues surrounding your health and future care if and when required, although it is possible to limit the extent of what they can or can’t do.

When?
The appointed Attorney does not need to act on your behalf straight away and you can carry on with any or all of your own affairs for as long as you wish or you can still do so.  The importance of executing a Power of Attorney now, is to make sure there is one there ready for use should if be required in the future.

Why?
Without a Power of Attorney in place, should you no longer be able to manage your own affairs, your family, in order to obtain the authority to manage your affairs and finances, would have to make an application to the Court of Protection to be appointed as a Receiver. This is not only time consuming but it can also be costly.

The very nature of the EPoA is that it “endures” beyond the onset of mental incapacity.  However, in such circumstances, the Enduring Power of Attorney will need to be formally registered with the Court of Protection in order to validate both the Attorneys appointment and the Power.

Care.
Care must be taken when creating the Enduring Power of Attorney to ensure that the Attorneys are able to act in the exact ways you envis