Enduring Powers of Attorney
Fri Oct. 3rd 2014
We recommend to our clients that they have Enduring Powers of Attorney for both Personal Care & Welfare and also for Property. They can be as important as making out a will and are protection for a family in a situation where a person may have, amongst many other possibilities, an accident causing a brain injury, a stroke or in later life, dementia. A power of attorney for property is operative during a person’s lifetime whether or not they have mental capacity and more than one attorney can be appointed. A power of attorney for personal care & welfare only comes into play where the donor has lost mental capacity and only one attorney is appointed at a time. The attorney/s can be different for each of these appointments. If powers of attorney are not in place and one of the above occurs, family members may be in the unenviable position of having to apply to the Family Court for a court appointed manager which carries with it a large number of requirements and restrictions. These add to the family’s stress at a time when they need the comfort of at least knowing they are able to act on behalf of their loved one without hassle and additional expenses. It also gives the donor the comfort of choosing whom they wish to manage their property affairs and personal care should this ever be required.
It is important to remember that Powers of Attorney can be revoked at any time provided that the donor has mental capacity.
The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your solicitor.