Legal matters - Enduring Power of Attorney

Enduring power of attorney

An enduring power of attorney is a legal document granting authority to a named person to act on your behalf.  Unlike an ordinary power of attorney which loses its validity if you become incapable of making financial or other decisions, an enduring power of attorney continues in force until death. It makes sense to:

  • plan ahead.  When someone becomes incapable of managing their affairs any longer, it can be a very difficult time for them, their family and friends.
     
  • appoint an attorney under an enduring power before that day arrives.  The scheme was created to ensure that while you are of sound mind you can choose who you want to look after your affairs should that become necessary at some point in the future.

  • bear in mind the responsibility you will be placing on that person’s shoulders.

From 1st October 2007 you are able to make a new type of power of attorney, called Lasting Power of Attorney (LPA).

Any enduring power of attorney validly made before 1st October 2007, will continue to be able to be used but only in respect of your property and affairs. If you wish to give authority over your health or welfare you will need to make a welfare Lasting Power of Attorney.

You are able to revoke or cancel the Enduring Power of Attorney at any time while you remain mentally capable.

For more detailed advice contact your local Solicitors.

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