Enduring Powers of Attorney allow you to appoint a trusted person or persons to act on your behalf in all legal and personal health matters.
Why should I have an Enduring Power of Attorney?
Under an Enduring Power of Attorney you may give your attorney the power to deal with all or any part of your financial, personal and health matters. You cannot appoint an attorney unless you have mental capacity, so an attorney should be appointed while you are healthy and capable of making decisions.
A Power of Attorney is just as important as having a Will. While a Will operates on your death, a power of attorney operates during your lifetime.
It is usual for husbands/wives and partners to appoint each other and failing that person being able to act (or not surviving you) then alternative persons can be appointed.
There are times when you may be overseas and important documents have to be signed – a general power of attorney or an enduring power of attorney will allow your attorney to attend to those matters in your absence.
If you do have an Enduring Power of Attorney your attorney can make decisions about her personal health matters (e.g. entry into a nursing home) only if you are incapable of making your own decisions. Financial attorneys may have their powers limited, such as when you have lost capacity, or may have an unfettered power to do all things which you can legally do yourself. Your attorneys must act in your best interests and not intermingle you monies and assets with their own and are accountable for their actions if they act unlawfully. Neverthless, your attorney should be a trusted person.
We can put your mind at ease when it comes to the drawing up of your Will and Enduring Power of Attorney or Advanced Health Directive.