Enduring Power of Attorney

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a signed and witnessed document that allows a client (Donor) to appoint certain party(ies) known as Attorney/Attorneys. An Attorney/Attorneys will have authority to make decisions on behalf of that Donor in relation to their property and care. It is important to note that this authority only comes into force in the event of a client developing mental incapacity. An Enduring Power of Attorney can be revoked at any time before it is registered.

 

Who are the parties to an Enduring Power of Attorney?

The party granting the Enduring Power of Attorney is known as the Donor. The parties who are appointed to make decisions on behalf of the Donor are known as Attorneys. The Donor will also need to identify at least two Notice Parties who are written to explaining that the Donor has granted an Enduring Power of Attorney. A Doctor will also need to certify that the Donor has the mental capacity to grant an Enduring Power of Attorney.

 

Why do you need an Enduring Power of Attorney Solicitor?

Our Enduring Power of Attorney Solicitors have experience in all aspects of drafting, preparing and registering Enduring Powers of Attorney.

 

How can our Enduring Power of Attorney Solicitors help?

Our Enduring Power of Attorney Solicitors have the knowledge and experience to advise on all aspects of drafting Enduring Powers of Attorney. We will advise you on how to make what can be a stressful experience to one which is manageable. Our Enduring Power of Attorney Solicitors understand the impact and stress that these decisions may cause and are here to help you through that experience. Our Enduring Power of Attorney Solicitors will assist you with all aspects of your Enduring Power of Attorney including contacting your appointed Attorneys, Doctor and Notice Parties.

Our Enduring Power of Attorney Solicitors review the relevant legal documentation and move quickly to bring the process to a swift conclusion while keeping you up to date throughout. We strive to make sure your experience is stress free.

 

Legal Services Offered:

· Enduring Powers of Attorney; and

· Ward of Court.

 

Our 5-stage process

1. Information Gathering

Our Enduring Power of Attorney Solicitors send you a letter of advices requesting the names and address of your Attorneys, Notice Parties and your Doctor.

2. Drafting & Review

Our Enduring Power of Attorney Solicitors then draft and review your Enduring Power of Attorney, letters to your Notice Parties and your Doctor.

3. Consultation

A consultation with our Enduring Power of Attorney Solicitors will make sure you understand the nature of the process and the documentation involved in an Enduring Power of Attorney. If and when you are satisfied that you are comfortable with the contents and consequence of signing an Enduring Power of Attorney, you may sign same. We can facilitate you by conducting this meeting by Skype call.

4. Post-Consultation

Once you have signed your Enduring Power of Attorney our Enduring Power of Attorney Solicitors will liaise with your Doctor and make sure that the necessary Affidavit confirming you have the mental capacity to grant an Enduring Power of Attorney is prepared. The next step will involve making the Notice parties aware that you have signed the Enduring Power of Attorney. Our Enduring Power of Attorney Solicitors will then store your Enduring Power of Attorney in our fireproof room.

5. Registration

Your Enduring Power of Attorney can only come into force when it has been registered. However, once an application to register the Enduring Power of Attorney has been made, the attorney may take action under the Enduring Power of Attorney to maintain you and prevent loss to your estate. The attorney may also take action to maintain themselves and other persons, in so far as it is permitted under Section 6 (4) of the 1996 Act. The attorney may also make any personal care decisions permitted under the powers that cannot reasonably be deferred until the application for registration has been determined. In order to register an Enduring Power of Attorney, the future attorney makes an application for registration to the Registrar of Wards of Court, once there is reason to believe that you are or are becoming mentally incapable. The attorney must have a medical certificate confirming that you are incapable of managing your affairs.