Enduring power of attorney
An Enduring Power of Attorney (EPA) is a legal document that enables you (“the Donor”) to appoint an “Attorney” to deal with all your personal and financial affairs in the event that you become incapacitated through illness in the future.
For example, it may allow the Attorney to take a wide range of actions on the donor's behalf in relation to property, business, and financial affairs.
The Attorney may make payments from the specified accounts, make appropriate provision for any specified person's needs, and make appropriate gifts to the donor's relations or friends.
If someone is mentally incapacitated (for example, because of illness, disability or a progressive degenerative illness), all of their assets and property are normally frozen and cannot be used by anyone else unless they are jointly owned or, someone has power of attorney to deal with their property or money.
You can appoint anyone you wish to be your attorney, including a spouse, civil partner, family member, friend, colleague, etc.
It is important to note that an Enduring Power of Attorney must be created whilst you have full capacity.
As the Enduring Power of Attorney involves the transfer of considerable powers from you to another person, there are a number of legal safeguards to protect you from abuses.
Furthermore, the procedure for executing the Enduring Power of Attorney is complex and requires the involvement of a solicitor and a doctor.
The Enduring Power can only come into effect when certain legal procedures have been completed with the supervision of the High Court.
At Brendan Kelly Solicitors our team has the expertise to help guide you and your loved ones through this process.
Should you wish to discuss the implementation of an Enduring Power of Attorney, please arrange a consultation with one of our experienced Solicitors.