Enduring Powers of Attorney
If you are concerned whether for family or personal reasons or otherwise, that you may not have the ability to manage your legal affairs in the future, you may want to consider having an Enduring Power of Attorney (EPA) in place.
What is an EPA?
An EPA is a legal document which allows you to choose a specific person who will look after both your personal and financial affairs should you lose the mental capacity to do so. The person you choose to look after your affairs should you become mentally incapable to do so at a future date is deemed an “attorney”. You may choose more than one attorney who can act alone or jointly with another.
What does an EPA consist of?
- A declaration from your doctor deeming you to have had the mental capacity to create the power at the time that the power was created.
- A statement from you declaring that you understand the effects of creating the power.
- A statement from your solicitor declaring that he/she is satisfied that you understand the effect of creating the power.
- A statement from your solicitor certifying that you were not acting under any undue influence.
The EPA can only enter into force when it has been registered. When an EPA is created, you are required by law to give notice to two parties of its creation. This safeguard is put in place to protect you, the donor. This allows either one or both of the notice parties to object to the creation of the power.
In order to prepare an EPA your solicitor will need:
- Proof of your identity and address.
- Your date of birth, occupation and marital status.
- A letter from your doctor certifying that you are mentally capable of signing the legal document.
- The name(s) and address(es) of the people you will choose to be your attorney(s).
- Because it is a requirement to give notice of the making of the EPA to two parties (other than your chosen attorney(s), your solicitor will require the names, relationship, addresses and contact numbers for the selected persons. In accordance with the law, at least one of these people must be your spouse, if living with you.
We understand that your reasons for creating the power and the legal procedures surrounding the creation of the power are complex, that is why we will provide you, as our client, with a unique and tailored service in order to allow you to confidently navigate the procedures that lie ahead. We have excellent proficiency in relation to the creation of Powers of Attorney. We are committed to offering a service to you based on the highest standards of professionalism and expertise.