![]() ![]() You will receive notification of the attorney's application to the court. If your attorney has reason in the future to believe that you are becoming mentally incapable of managing your affairs they will have to apply to the High Court (Office of Care and Protection) for registration of this power. To become effective, all Enduring Powers of Attorney need to be registered with the High Court (Office of Care and Protection) but registration is not required until the point where your attorney believes you are no longer capable of managing your affairs. For example if the attorney you have chosen dies or becomes incapable or no longer wishes to act on your behalf you will need to appoint a new attorney. You can cancel or amend the Enduring Power of Attorney at any time while you are mentally capable. It takes effect as soon as the attorney signs unless you have included any conditions or restrictions about when the power should begin. You can limit the power to certain parts of your affairs, for example, you may wish them to handle your money but you might want to leave out the power to sell your house. Limiting an attorney's power over your affairs You should seek legal advice as careful consideration should be given to the range of powers you wish to give your attorney. You can grant the power at any time provided you are over 18 years of age and mentally capable of understanding what an Enduring Power of Attorney is. It is important to note though that if there are no restrictions or conditions, the powers of the attorney(s) start as soon as the attorney(s) have signed the Enduring Power of Attorney. For example, you may have made it clear that the attorney(s) cannot act until you become mentally incapable or until the Enduring Power has been registered by the court. The date on which the Enduring Power of Attorney comes into effect will depend on whether you have put any restrictions or conditions in the Enduring Power of Attorney. It is important to remember that mental incapacity can happen to anyone at anytime, for example - by accident or through illness. A Power of Attorney ceases when you become mentally incapable of managing your affairs, but an Enduring Power of Attorney will continue. It enables you to choose a person/ or people (called an attorney) to deal with your property and affairs. You can formally appoint a friend, relative or professional to hold a Power of Attorney that will allow them to act on your behalf A Power of AttorneyĪ Power of Attorney is a legal document giving someone else the authority to take actions or make decisions on your behalf. There may come a time when, because you are incapable of managing your property and financial affairs, you will need someone to do this for you. ![]()
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May 2023
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