Enduring Power of Attorney

Who will look after your affairs if you are unable to do so because of physical or mental illness?

Who needs an Enduring Power of Attorney?

They are generally considered by or for the elderly. However, mental or physical incapacity can strike at any age.

It is an extremely useful protective document in the light of circumstances as yet unforeseen. It is not, however, something which should be left until the last moment as the Donor must be fully capable of understanding the nature of the document they are signing.

Who should I appoint as my Attorney?

The Attorney can be any one or more persons who may be close relatives, friends or professional advisors.

What can my Attorney do?

If you give your Attorney general authority to act on your behalf in relation to all of your affairs, your Attorney will be able to do almost anything that you could personally have done, for example sign cheques, buy or sell shares, sell your home etc. However, if you wish, you may limit their authority to specific actions.

What do you need to consider before completing the document?

Before the document is prepared, we will ask you to consider the following:-

• how many Attorneys should be appointed and whether they are to act jointly (that is they must all act together and cannot act separately) or jointly and severally (that is, they can all act together but they can act separately is they wish).
• do you wish your Attorney(s) to be remunerated for carrying out this work?
• should the power be general in relation to all property and affairs which means your Attorney(s) can deal with all money and property.
• whether you wish to restrict the powers you give and specify that certain assets should not be sold under any circumstances and which accounts and investments may be used.
• whether you wish the power to have immediate effect or whether it should only be used once you have become mentally incapable.

When is the Enduring Power of Attorney registered?

An Enduring Power of Attorney can be used whilst the Donor (you) still has full mental capacity, for example during a short illness or whilst you are abroad for a period. However, once the Attorney has reason to believe you are or are becoming mentally incapable, they have a duty to apply to the Court of Protection to have the power registered.

The registration process is straightforward. It involves the Attorney giving notice to the Donor, to the Donor’s relatives and any other Attorney’s appointed. This process allows anyone to whom notice has been given to object to the application.

There is a cost for registering the document and there is also a waiting period of 35 days before the registration becomes valid. During this period, the Attorney is only allowed minimal authority on the Donor’s behalf to ensure their well being and also prevent any financial loss to the Donor’s estate.

Can the Enduring Power be revoked?

The Enduring Power of Attorney may be revoked (cancelled) at any time prior to mental incapacity but you must inform your Attorney otherwise they can legally continue to exercise the power