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Enduring Power of Attorney

A Power of Attorney is a legal document created by someone (the donor) when they are in good health and it allows a nominated person (known as the attorney) to act and make decisions on their behalf if a time comes when they no longer have the mental capacity to do so.

  1. What happens if the donor is temporarily incapacitated?
    Any powers which may have been handed over to the Attorney under the Enduring Power of Attorney may be revoked once the donor regains their mental capacity to manage their affairs again.  This may be the case in times of severe illness which are then overcome.

  2. What is Wardship/Ward of Court?
    Where a person no longer has the ability to look after themselves or their affairs but they did not have the foresight to create an Enduring Power of Attorney, a suitable person may apply to the court to nominate a Committee to take control of the Wards affairs.  Two Doctors must give their professional opinion that the nominated person does not have the mental capacity to look after their own affairs and the courts will also send out an independent doctor to verify their reports.

    It is a complicated procedure and if you feel a family member may be in need of such an application to be made on their behalf we would urge you to contact our offices today.