There are two types of power of attorney:
General Power of Attorney
Enduring Power of Attorney (EPA)
Among the documents required for the purposes of an enduring power of attorney are:
- A statement from a doctor confirming the donor's mental capacity.
- A statement from the donor confirming that he or she understands the effects of creating the power.
- A statement from a solicitor confirming that he or she is happy that the donor understood the effect of creating the power.
- A statement from the solicitor that the donor is not acting under undue influence.
- Two notices served on the next of kin.
- Signed acknowledgements from the attorneys after the power is created.
The process of registration then repeats the exercise to the extent that notices are served and a doctor's certificate is obtained this time confirming the donor's mental incapacity. The process of registration only occurs where it is necessary to give effect to the enduring power.
A power of attorney may be revoked at any time prior to registration. After registration the enduring power of attorney can only be revoked by application to the Court. This application can be made on the basis, for instance, that the attorney is unsuitable or that the donor was acting under undue pressure at the time of the creation of the power.
While the enduring power of attorney provided for personal care decisions the attorney is not authorised to make health care decisions on the donor's behalf. This is a matter for the donor's medical attendants.
Remember, an EPA is like a parachute - something you need to have but may never be opened.
Our charges are available on application together with a listing of all necessary outlays.