Enduring Power of Attorney

What is an Enduring Power of Attorney:-

  1. An Enduring Power of Attorney (EPA) is a document that gives control to certain named person or persons (Attorney/Attorneys) over the assets and property of the client and gives the Attorney/Attorneys authority to make certain decisions on behalf of the client particularly in relation to personal care, in the event of a client developing mental incapacity.
  2. The EPA does not come into effect unless the person making it (the Donor) loses mental capacity.
  3. An Attorney/Attorneys may take certain actions or decisions in relation to matters of personal care pending registration but once an actual application for registration has been made.
  4. In completing an EPA a client can give full general authority to the Attorney/Attorneys. A client can also stipulate restrictions/conditions such as in relation to a sale of property or indeed in relation to matters of personal care. For example a client may have a wish about treatment or rehabilitation to be undertaken or not to be undertaken.
  5. An EPA can provide that an Attorney has the authority to make gifts out of the client’s assets when the EPA takes effect. Under the Powers of Attorney Act 1996 the making of gifts is limited to those of a seasonal nature or at a time of an anniversary of a birth or marriage to persons including the Attorney/Attorneys who are related to the client.
  6. Provision can be made for remuneration to be paid to the Attorney/Attorneys.
  7. An EPA can be revoked at any time before it is registered.
  8. A client should appoint an Attorney or Attorneys who is/are trustworthy. On registration of the EPA the Attorney’s actions will be subject to little or no supervision. It should be stated that a conflict of interest may arise for an Attorney/Attorneys where an Attorney is also a potential beneficiary in the client’s estate.
  9. A client can specify whether two or more Attorneys should act together when making decisions or whether decisions can be made independently.
  10. In a situation where no EPA exists and a client develops mental incapacity a client can be made a Ward of Court on application by a family member. The Court will appoint a Committee to manage the client’s affairs.

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