ENDURING POWER OF ATTORNEY
An Enduring Power of Attorney is a Document, which you can use to appoint someone to act on your behalf, should you in the future become incapable of managing your own affairs. There is always a risk that you might become incapacitated whether by reason of illness, accident or old age.SCOPE OF AUTHORITY
You can either give your nominated Attorney general authority to act on your behalf or you may wish to place limitations or restrictions on the extent of your authority. The choice is yours.CONDITIONS
Anyone can set up an Enduring Power of Attorney provided they are over 18 and are mentally capable. You, the Donor, must be over 18 and not bankrupt at the time that you sign the document.ATTORNEY
You can choose whoever you like to act as your Attorney. Often it is best to appoint more than one person, usually a relative, close friend or your solicitor. By appointing more than one person, and obviously people you can trust, you can ensure that the Attorneys powers will not be abused. An Attorney has a number of responsibilities, but mainly to act on your behalf and in your best interests.COURT OF PROTECTION
If there is no Power of Attorney then usually an application has to be made to the Court of Protection in London so that the court can sort matters out. This is often an expensive and time-consuming procedure. By having an Enduring Power of Attorney you can reduce delays and save considerably on legal costs.REGISTRATION PROCEDURE
In the event of you becoming mentally incapacitated then an Enduring Power of Attorney Deed has to be registered with the Public Trust Office. This is a relatively straightforward procedure and then gives your Attorney power to sort matters out from then onwards.FORMAT
An Enduring Power of Attorney document must be in a particular format as set out in regulations. Any alteration to that format may result in the document not being valid.CANCELLATION
An Enduring Power of Attorney can be cancelled at any time while you are mentally capable. However an Enduring Power of Attorney cannot be cancelled or revoked once it is registered, without the court's consent.INFLUENCE
It is important that the decision to enter into an Enduring Power of Attorney deed is your own. You must not being influenced into entering into this document by any other person or organisation. Sometimes people are influenced by family members or close friends. They may make comments, statements or give assurances or promises to you about certain matters. Do not rely on these. Do not make a decision based on what others say. It must be solely your own decision based on your own personal reasons.MENTAL CAPACITY AND UNDERSTANDING
You must be mentally capable and understand exactly what you are doing. There is a presumption of mental capacity in law.DISCUSSION WITH DOCTOR
Anybody who is over 18 and of sound mind can make an Enduring Power of Attorney. It will however only be valid if it expresses your genuine wishes and you must understand and approve its contents. Great care must be taken when dealing with an elderly member of the family to ensure that the document sets out the person’s wishes.It is always advisable to have a doctor as one of the witnesses and the doctor should check that the person is capable of making an Enduring Power of Attorney Deed and that he or she understands what is written in the document. If the doctor makes a record of the examination it may well be valuable evidence should the deed ever be challenged on the grounds of mental incapacity.
This information is not meant to be a substitute for us or any other solicitors or advisors giving you comprehensive and accurate advice.
