An Enduring Power of Attorney is an extremely useful document and is generally used for elderly people. It allows a family member or other nominated person (the attorney) to be given a power of attorney that can be registered if, and only if, the donor is becoming mentally incapable of managing their own affairs.
Two or more Attorneys can be appointed. If such a power is not created and the person becomes mentally incapable of managing their own affairs, then an application to Court must be made. This will appoint them a Ward of Court which can be a costly and lengthy procedure.
An Enduring Power of Attorney is drafted in our office and can be done very quickly by Laura Shannon. The person seeking the power must have the capacity to understand the decision they are making. Whilst drafting the Power, we ensure that the person creating it fully understands the important decision that they are making. It is essential that a doctor certifies that the person creating the Power is capable of managing their own affairs.
An Enduring Power of Attorney can incorporate business/financial affairs and/or personal care decisions. Personal care decisions can incorporate any one or more of the following matters:
1. Where the donor should live;
2. With whom the donor should live;
3. Whom the donor should see and not see;
4. What training or rehabilitation the donor should get;
5. The donor’s diet and dress;
6. Inspection of the donor’s personal papers; and
7. Housing, social welfare and other benefits for the donor.
It is the donor’s decision as to what they will allow the attorney to decide on their behalf, if they become incapable of managing their own affairs. In our experience, this depends on the relationship between the parties.
Once the Power is drafted and signed, it is stored in our office for safe keeping. If the donor becomes mentally incapable of looking after their own affairs the Power is then registered in the High Court. Once this has been completed, the attorney will receive the Enduring Power of Attorney and this will allow them to make the specific decisions named in the Power on behalf of the donor.
From all of us at Shannons, have a nice weekend.
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