If a person is capable of dealing with their own affairs at present, they can sign an enduring power of attorney. It will only come into effect when they are no longer capable of looking after their own affairs. It gives authority to the person appointed to act for the person who signed the power of attorney.
power of attorney which is not revoked by any subsequent mental incapacity of the person granting the power.
An Enduring Power of Attorney is a power of attorney which, subject to conditions and safeguards, continues in force even after the maker of the Enduring Power (the 'Donor') becomes mentally incapable of handling his or her affairs, provided that it is registered. It can be used by the Attorney from the date of its execution and prior to the onset of Mental incapacity, provided that there are no restrictions placed within the document and if this is what the Donor wishes. The purpose of an Enduring Power of Attorney is to enable people, while they are still mentally capable, to decide who they would like to deal with their financial affairs for them after they become mentally incapable. The Enduring Power of Attorney was introduced by the Enduring Powers of Attorney Act 1985.
A power of attorney which enables the attorney to act even though the person who appointed the attorney may cease to have legal capacity• Powers of Attorney
A formal, written authority granted by one person, the Donor, to another, the Attorney, enabling the Attorney to act on the Donor's behalf and manage his financial interests. If the power is drawn up in accordance with the Enduring Powers of Attorney Act 1985 and the Donor later becomes unable to manage his own affairs, the Attorney can register the power at the Court of Protection and will then be able to continue to exercise it.
A power of attorney is a legal document that allows another person to act on your behalf. An enduring power of attorney is one that remains effective after you have lost mental capacity. It will remain in force until death.
Document executed by a person (the donor) who is legally competent, which gives another person (the donee) the authority to act for the donor in specified ways, and which does not become invalid if the donor subsequently loses legal capacity. [ Quick find
An Enduring Power of Attorney (EPA) is a legal document that enables someone to appoint one or more persons to manage their financial affairs and property, either now or in the future.
power of attorney made in accordance with the Enduring Powers of Attorney Act 1985. An enduring power may be effective notwithstanding the mental incapacity of the donor. In the Act "enduring power" is defined by reference to the Enduring Powers of Attorney Act 1985, which provides in particular that an enduring power must be granted in the prescribed form and be executed in the prescribed manner by the donor and the attorney (Enduring Powers of Attorney Act 1985 s 2(1)). The present prescribed form is set out in the Enduring Powers of Attorney (Prescribed Form) Regulations 1990 SI 1990/1376.
The legal document that enables you to appoint a person or organization to look after you and your affairs for the rest of your life regardless of the state of your physical or mental health.
Enduring Power of Attorney is a legally binding document that allows you, whilst you are able both mentally and physically, to appoint those that you trust implicitly to deal with your financial affairs should you become incapable of doing so yourself at some stage in the future.
Written authorisation for one person or person(s) to act legally on behalf of another. A person may become incapacitated or sick and require someone else to make financial and legal decisions on their behalf.
a document providing for the management of a person's affairs in the event of their becoming mentally incapacitated.
where a client has signed a form naming someone to act on their behalf in financial matters when the client is no longer capable of doing so themselves. The named person (or people) must register the EPA with the Court of Protection when this happens.
A type of power of attorney which remains effective even if the person who gives the power later loses their mental capacity.
A specific form of Power of Attorney, now the most common sort. Under this form of Power of Attorney, so long as it is signed at the time the donor is of sound mind, the Attorney can continue to act on behalf of the donor after the donor ceases to have mental capacity. The document is then registered at the Public Guardianship Office. Although this sounds complicated, it is a relatively simple procedure
When someone authorises (an)other person(s) to act on their behalf to manage their affairs. An enduring power of attorney may relate to the person's property, to their personal care and welfare, or to both.