Enduring Power of Attorney

An Enduring Power of Attorney is a legal document that gives certain powers to whoever you appoint as your attorneys, to make decisions and act on your behalf in legal, financial and medical matters.

An EPA only becomes active if you become mentally incapacitated i.e. you are no longer able to make informed decisions for yourself.

In order to be able to make an EPA, you must be mentally capable of doing so. Your solicitor is usually the first port of call and will run through a few issues with you to ensure that you are mentally capable. A medical certificate must also be obtained from your doctor.

Your 'attorneys' are people such as your spouse, partner, parent, sibling or friend .... someone you trust.

They (the attorneys) only have whatever powers you give them. This can be confined to personal care, decisions, rehabilitation, housing and so on, or it can encompass all.

Difference between an EPA and your Will?

An EPA allows your attorneys to use your assets for your benefit while you are alive but incapacitated.

Your Will dictates what is to happen to your assets after your death.

© 2010 John A. Sinnott & Co Solicitors