(The Assisted Decision-Making (Capacity) Act 2015 now needs to be loved – conjunction with the content here; feel free to contact Callinan Murphy Solicitors).
• An Enduring Power of Attorney is a document which is signed to provide for what might happen in the event of you losing your mental capacity. If a person does not have such a document signed, then that person might need to be made a ward of court (provides a link). Accordingly, an Enduring Power of Attorney can be very beneficial to have in place and is normally much less cumbersome than having to go through the Ward of Court procedure.
• How to do: There are specific procedures for putting in place an Enduring Power of Attorney. You will need a statement from a doctor and a Solicitor in accordance with the particular format. Certain people must be informed when the document has been put in place.
• Coming into effect: Having put an Enduring Power of Attorney in place, this does not come into effect whatsoever unless the person loses capacity. At that point, application must be made to the High Court to register at the Enduring Power. The person who made the Enduring part must be informed. A doctor must certify that the person is mentally incapable.
• The effect of an Enduring Power of Attorney is that it appoints some other person (normally a close relative/friend) to make certain decisions (personal-care decisions but not health-care decisions) for the person when that person loses mental capacity. However, you can define the personal care decisions which you wish to confer.
Please contact us if you wish assistance concerning Enduring Powers of Attorney.
