If a person suffers from diminished mental capacity at any stage of their lifetime either as the result of an accident or a degenerative condition such as dementia, that incapacitated person may no longer be in a position to manage their own property and financial affairs or to make decisions concerning their day-to-day welfare.
An Enduring Power of Attorney (EPA) is a legal mechanism by which one person (known as the doner) can appoint another person (known as the Attorney) to act on their behalf in the event that the doner suffers diminished mental capacity at a future date. An EPA can only be put in place by a person who has sufficient mental capacity and only takes effect when that person subsequently loses that mental capacity. If the doner never loses mental capacity during their lifetime, then the EPA will never take effect. However, if mental capacity is lost then the EPA can be called upon and registered by the Attorney who will then in a position to manage the affairs of the incapacitated person without the necessity of a court order.
At Mark Cassidy & Company we provide you with all the advice you need when considering making an Enduring Power of Attorney. The services we provide in this area include: –
