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An Enduring Power of Attorney (EPA) is a legal document which unlike an ordinary power of attorney, remains valid notwithstanding the Donor's later incapacity (the Donor being the person giving the authority to another to act). The document has to be in a prescribed form and can only be signed by the Donor while he or she has the mental capacity to do so. Once the Attorney (the person who is appointed to act on behalf of the Donor) believes that the Donor is becoming incapable, the document then has to be registered with the Court of Protection. Once registered the Court supervises the administration of the Donor's affairs. The EPA can cover all your affairs or can be restricted to certain acts. Just like your Will it can be updated, amended or revoked at any time before it is registered with the Court. It is a relatively simple and convenient way of dealing with the affairs of someone who is incapable of handling business matters for themselves whether it be through illness or as a result of an accident. It is a safeguard which can prevent a great deal of inconvenience and expense which occurs if it is left too late. However you should note that an EPA is suitable not only for the elderly. Anyone at any age in any circumstances may have a need. For example, working abroad, holidays of serious illness or hospitalisation. |
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