![]() your documents meet all the legal requirements.you understand what the EPA document means.Once you’ve completed your forms, you will need to arrange a lawyer, a qualified legal executive or a representative of a trustee corporation (like Public Trust) to be your witness. Standard explanation of effects and implications of an enduring power of attorney in relation to property.Standard explanation of effects and implications of enduring power of attorney in relation to personal care and welfare.There are standard forms you must fill out to set up an EPA. Your attorney must not make decisions for the benefit of themselves or anyone other than you, except in some limited circumstances. Your property attorney must also keep records of any financial transactions. Your attorneys must also, as much as they can, consult with you and anyone else you have named in the EPA. Your property attorney must use your property to promote and protect your best interests. Your personal care and welfare attorney’s most important concern is to promote and protect your welfare and best interests. It’s a good idea to talk to your attorneys about what you might want in various situations, so they know your wishes in advance. name people who the attorney must supply with relevant information if they ask for it.select another person for the attorney to consult with or report to.There are some areas – such as marriage, divorce, adoption or refusing life-saving medical treatment – where an attorney has no power to decide choose special terms and conditions for your attorneys, for example what they can and can’t decide.choose different attorneys for the two different types of EPA.You can also choose a trustee corporation (such as Public Trust) to be an attorney for your property EPA (but not for your personal care and welfare EPA). not be subject to any personal order or property order (an order from a Family Court judge about a person’s personal care and welfare or about their money and property, in situations where the person is unable to make decisions for themselves).is willing and able to take on the responsibility of being an attorney.People often choose a family member or close friend as an attorney, but ideally it should be someone who: You can have only one attorney for this EPA. Personal care and welfare EPAĪ personal care and welfare attorney can make decisions relating to health and wellbeing, for example, your: You can choose more than one attorney for this EPA. Property EPAĪ property attorney can make decisions relating to financial assets, for example:Ī property EPA can come into effect before you lose the ability to make decisions for yourself, for example, if you are moving into assisted living and would like a loved one to manage selling your house on your behalf. There are two types of EPAs – property EPAs and personal care and welfare EPAs. “Severally appointed” attorneys can make decisions separately. If one attorney is unable to act for any reason, the other attorney cannot make decisions alone. “Jointly appointed” attorney’s make decisions together. If you have more than one attorney (for your property EPA), you can choose whether they act “jointly” or “severally”. “Capacity to make decisions” means you are mentally competent to make decisions.Ī “health practitioner” means someone who is qualified to assess mental capacity (your capacity to make decisions), for example a GP, a doctor specialising in the care of older people, or a mental health nurse. This person does not have to be a lawyer. The “donor” is the person who is making the EPA.Īn “attorney” is the person appointed in the EPA to make decisions for the donor if they can’t decide for themselves. Having an EPA can protect you from abuse and means your wishes are more likely to be respected because you have chosen people you trust in advance who will make decisions in your best interest.Ī good time to organise your EPA is when you’re making your will, but everyone – whatever their age – should think about getting an EPA. This process can be stressful and expensive for your loved ones. ![]() If something happens to you and you do not have an EPA, your family – including your spouse or partner – would have to apply to the Family Court to be able to act on your behalf. Where any language appears to conflict with that contained in the relevant legislation (generally, the Protection of Personal and Property Rights Act 1988) the relevant legislation should be referred to instead.Īn enduring power of attorney (EPA) gives peace of mind for the future – you’ve decided ahead of time who you trust to make decisions for you if you can’t decide for yourself. Please note, the language in this guide has been simplified to facilitate understanding of Enduring Powers of Attorney.
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