An Enduring Power of Attorney (EPA) is a legal document that allows an individual (called the Donor) to appoint another person or persons (called the Attorney(s)) to take care of their property and/or personal care and welfare if the Donor loses the ability to do so themselves. This appointment does not prevent the Donor from managing their own affairs while they have mental capacity.
An EPA for Property allows the Attorney(s) to deal with the Donors property: for example, shares, land and money. The Donor may wish the EPA to take effect once signed and continue to apply if they become mentally incapable; or only to take effect in the event they become mentally incapable. The form allows the Donor to be specific about any celebratory gifts they may want the Attorney(s) to make on their behalf and also gives the Donor the option to allow the Attorney(s) to make a new Will for them should it be necessary.
Personal Care and Welfare
This EPA allows an Attorney (only one Attorney may be appointed at any one time in respect of personal care and welfare) to make decisions about the Donor’s personal care and welfare if they become mentally incapable. This power is subject to various safeguards and extends to decisions on any medical treatment required and what hospital or residential care facility the Donor will attend.
Under this EPA, the Attorney’s power can be general or specific depending on the Donor’s wishes.
Both documents allow the Donor to nominate individuals who the Attorney may consult with or provide information to before the Attorney makes a decision.
You can create and complete an EPA form on our website. You can find these on our Online Services page. These will be emailed to us so we can check them and make a time for you to attend our offices to sign the originals. Please contact us with any questions – we’re happy to help!