Enduring Powers of Attorney

Enduring Powers of Attorney are a sensible way of planning in advance for future incapacity. There may come a time when, through illness, stroke or infirmity you feel unable to deal with your affairs and would want someone else to do this for you. Furthermore, if you were to become mentally incapable without having appointed an Attorney all your affairs would have to be dealt with through the Court of Protection. The court may appoint a Receiver to act on its behalf, having some of the powers of an Attorney but the process can be both lengthy and expensive, and the Receiver may be someone you would not have chosen as your Attorney. As your attorney will have access to personal details you should choose someone you can trust who is over the age of 18 years and who is capable of taking on this responsibility. You can have more than one Attorney, and can decide whether they can act individually or whether both must sign all documents etc.

The Enduring Power of Attorney can be unrestricted, it can be limited to carrying out specific tasks, or you can impose restrictions and conditions on your Attorney’s powers. The creation of an Enduring Power of Attorney or its operation does not deprive you, the Donor, of the ability to make decisions on your own behalf should you wish to do so. Inded, you can always revoke the Enduring Power at any time in the future, provided you have the mental capacity to do so.