Who will be able to make important decisions about your affairs if you are unable to?

Enduring Powers of Attorney (EPAs) are just as important to have in place as your will. A will does not come into effect until you pass away, but we can all suffer an injury or illness that, while not fatal, may leave us unable to make decisions about our affairs. You may not be capable of signing cheques, paying bills, managing investments or making wise decisions about your medical care. Having EPAs in place ensures that decisions about your finances and personal care end up in the right hands if you are no longer able to take care of all the details yourself.

There are two kinds of EPA, one in relation to your property and one in relation to your personal care and welfare.

If nobody has the legal authority to act for you or sign documents – even deal with something as simple as a mortgage rollover or insurance policy – your closest loved ones would need to apply to the Family Court to be appointed as your manager. Not even a spouse can automatically act on your behalf if they are not legally appointed.

This process can take a long time at a considerable cost as often specialists such as doctors and lawyers are asked to write reports and they, along with court staff, will need to be paid for their time. The court may appoint someone who you yourself would never have chosen. An EPA means that you keep control of who manages your affairs.

Unless you direct otherwise, an EPA has no legal authority over you or your affairs while you are still mentally capable.

While you cannot appoint Trustees Executors as your attorney for personal care and welfare, we can still help you with advice on choosing an appropriate person. We can however, act as your property attorney either alone or jointly with others.