Powers of Attorney
Powers of Attorney
An Enduring Power of Attorney – also known as a “Living Will” – is an instrument which we should all hold. It only comes into effect when one is no longer capable of managing their own affairs as a result of an accident, disability or progressive degenerative illness, or some other reason. It is an instrument drawn up to appoint an Attorney to act on a person’s behalf to manage their assets and affairs when the Appointer is no longer capable of doing so as a result of mental incapacity. It only comes into effect where there is mental incapacity.
An Enduring Power of Attorney Instrument can be as conservative or broadly-ranged as the Appointer wishes. It can focus on Personal Care Decisions where the Attorney makes decisions relating to where the Appointer lives, requisite rehabilitation etc. Or, it can extend to Decisions in relation to all property matters and grant powers to sell assets, if necessary. The Enduring Power of Attorney Instrument has a number of safeguards to prevent abuse.
Although it is recommended to older clientele, it should be considered by all persons to protect them, to safeguard their assets and to appoint their desired Attorney in circumstances whereby they no longer hold the mental capacity to manage their affairs. Failing to have one of these instruments results in that person being made a Ward of Court, which can be expensive