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An Enduring Power of Attorney might make all the difference to you and your family

3/3/2018

6 Comments

 
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Why make an Enduring Power of Attorney
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  • If something were to happen to you and you could no longer manage your affairs would you want the Wards of Court office to make all decisions on your behalf or would you prefer your family to make those decisions.. Decisions like where you would live and what would happen to your property and all personal and financial decisions.
  • An enduring power of attorney allows you to nominate someone (your attorney) to manage your affairs if you become incapable of managing your own affairs. For example this could happen if you had a stroke or an accident or some other catastrophic event. You can appoint a family member or members to make all decisions on your behalf but you can only make that appointment when you are well by signing an EPA.
  • You can only make an EPA when you are well. Your solicitor and your doctor both have to certify that you have the mental capacity at the time of execution to understand the effect of creating an EPA. The EPA has no effect unless and until you become unable to manage your affairs. Your attorneys would have to register the EPA. before it would become effective. 
  • In the past if someone became incapable of managing their affairs the only option was to make that person a Ward of Court. The High Court would then make all decisions for the Ward. Making someone a Ward of Court is an expensive and invasive process and your family loses all control over your affairs.
  • In some circumstances you may be estranged from your family and you may want your friend or your partner to manage your affairs. An EPA allows you to do this
  • Many young and middle aged people are now making enduring powers of attorney. as catastrophic events can happen to people of all ages. 
 
Don't leave it too late to make an EPA. If you need any advice call us on 01-6040033 or email us for appointment by clicking this link
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6 Comments
suzanne Clear
2/8/2021 08:48:07 pm

Can I askyou, If a dughter is nomonated by her father to be an Enduring power of attorney do the rest of the family members need to be notified?

Reply
Shea Cullen
2/16/2021 07:46:08 pm

Hi Suzanne. Thank you for your query. The rest of the family do not need to be notified, although the person making the EPA must give notice to 2 people, one of whom must be a family member.

Shea

Reply
Sharon
6/30/2021 05:36:20 pm

My sister and I are EPOA for our father.
My Dad has a property that my brother was banned from. We have continued his wishes. Our brother however is now using the fact that our poor Dad is in a nursing home to stay there.
We changed the locks.
His solicitor is saying that he has every right to access and stay in that property to the extent that he has advised him to change the locks.
We are at our wits end.
How can this be?

Reply
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Reply
Orange County Family Law Attorneys link
5/31/2022 07:20:23 pm

Making someone a Ward of Court is an expensive and invasive process and your family loses all control over your affairs. Thank you for the beautiful post!

Reply
Orange County Divorce Attorneys link
5/31/2022 07:56:21 pm

Members to make all decisions on your behalf but you can only make that appointment when you are well by signing an epa. I’m so thankful for your helpful post!

Reply



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