Enduring Powers of Attorney

Choosing an Attorney

Choosing the right attorney for an enduring power of attorney is a decision that requires careful consideration and planning.

The attorney will be entrusted with significant responsibilities, often involving critical financial and personal decisions on your behalf. Therefore, it is essential to select someone who is not only trustworthy and reliable but also capable of understanding and managing complex situations. Ideally, the chosen attorney should have a clear understanding of your values and wishes to ensure they act in your best interests. It may also be beneficial to appoint multiple attorneys or substitute attorneys to provide additional oversight and continuity in decision-making. Our legal experts can guide you through this process, helping you evaluate potential candidates and understand the duties and responsibilities involved. We can also advise on the legal implications of appointing an attorney, ensuring that your choice aligns with your long-term goals and provides peace of mind for you and your loved ones.

Scope and Limitations

When establishing an enduring power of attorney, it’s important to clearly define the scope and limitations of the authority granted to the attorney. This involves specifying the extent of the powers you wish to confer, which can range from broad financial management to specific transactions or decisions. You may choose to limit the attorney’s authority to certain areas, such as managing real estate or handling banking matters, while excluding others. Additionally, you can impose conditions, such as requiring the attorney to consult with a third party before making significant decisions. These limitations ensure that your wishes are respected and provide a framework within which the attorney must operate. Our experienced lawyers can assist in drafting these documents to reflect your unique needs and preferences, ensuring that all legal requirements are met and providing peace of mind that your affairs will be managed according to your intentions.

Reviews and Updates

Regular reviews and updates of your enduring power of attorney are essential to ensure that it continues to reflect your current wishes and circumstances. Life changes such as marriage, divorce, the birth of children, or significant financial shifts can all impact the appropriateness of your existing arrangements. Our legal experts recommend conducting periodic reviews to assess whether the appointed attorney remains the best choice and whether the scope of authority granted still aligns with your intentions. We can assist in updating the document to incorporate any necessary changes, ensuring compliance with current legal standards and requirements. By keeping your enduring power of attorney up to date, you maintain control over your affairs and provide clear guidance to your attorney, minimising potential disputes and ensuring that your interests are protected as intended.

Capacity Assessments

Capacity assessments play a crucial role in establishing an enduring power of attorney, as they ensure that the principal has the necessary mental capacity to understand and execute the document. These assessments are not merely medical evaluations but are tailored to the specific legal requirements of the transaction involved. Various cognitive tests, such as the Mini Mental State Examination (MMSE) or the Abbreviated Mental Test Score (AMTS), can provide useful insights, but they must be complemented by a legal assessment to determine capacity on a case-by-case basis. Our experienced lawyers can facilitate this process by coordinating with medical professionals to obtain comprehensive assessments and ensuring that all legal standards are met. This thorough approach helps prevent future disputes over the validity of the power of attorney and safeguards your intentions. If questions about capacity arise later, having a well-documented assessment can be invaluable in defending the legitimacy of your decisions and protecting your interests.

Disputes and Challenges

Disputes and challenges related to enduring powers of attorney can arise from various issues, often involving allegations of misconduct or mismanagement by the appointed attorney. These disputes may include claims of financial misappropriation, self-dealing, or failure to act in the principal’s best interests. Additionally, family members might contest decisions made by the attorney or question the validity of the power of attorney document itself. Such conflicts can be emotionally charged and legally complex, requiring careful navigation to protect the interests of all parties involved. Our experienced lawyers are adept at handling these disputes, offering services that range from mediation and negotiation to full legal representation in court or tribunal proceedings. We work diligently to resolve conflicts efficiently and effectively, ensuring that the principal’s wishes are honoured while safeguarding their rights and assets. Whether it’s modifying an existing power of attorney, seeking compensation for misused funds, or pursuing legal action to remove an attorney who has breached their fiduciary duties, our team is committed to providing expert guidance and support throughout the process.

Revocation

Revoking an enduring power of attorney is a significant decision that requires careful consideration and adherence to legal procedures. Revocation can occur for various reasons, such as changes in the principal’s circumstances, loss of trust in the appointed attorney, or the principal regaining capacity and wishing to manage their own affairs. To revoke an enduring power of attorney, the principal must have the mental capacity to understand the implications of revocation and must follow the legal requirements specific to their jurisdiction. This often involves completing a formal revocation document and notifying the attorney and any relevant third parties of the change. Our legal team can guide you through this process, ensuring that all necessary steps are taken to effectively terminate the authority granted under the enduring power of attorney. We provide comprehensive support to ensure that your intentions are clearly communicated and legally recognised, helping you maintain control over your personal and financial affairs.

Our goal is to give you peace of mind that your financial and personal affairs will be properly managed according to your wishes if you lose capacity. Contact us to discuss how we can help protect your interests through an enduring power of attorney.