An Enduring Power of Attorney (EPA) is a legal document allowing you to appoint someone to make decisions on your behalf if you become unable to do so yourself. Typically, this person is a trusted family member or close friend who understands your wishes and will act in your best interests.
Types of EPAs
There are two types of EPAs: one for property and one for personal care and welfare.
1. Property EPA: This authorizes your appointed person to manage your property affairs. They can handle tasks such as paying bills, selling and purchasing property, and arranging care in a retirement village. You can grant them the authority to act while you have mental capacity and after you lose it.
2. Personal Care and Welfare EPA: This allows your appointed person to make decisions about your health and welfare. They can only act if a medical professional certifies that you are mentally incapable. Your attorney must always act in your best interests and promote your well-being.
Who Can Have an EPA?
Anyone with mental capacity can create an EPA, giving them control over future decisions. However, a person deemed incapacitated or of unsound mind cannot establish an EPA. Capacity involves understanding, retaining, considering, and communicating information. Conditions like dementia can impair this ability. If there’s doubt about a client's capacity, a medical certificate is required to confirm their ability to make decisions.
Consequences of Not Having an EPA
Without an EPA, if you lose capacity, someone must apply to the Family Court to appoint a Property Manager or Welfare Guardian. This process is costly, time-consuming, and stressful for your family. The court-appointed person may not align with your preferences.
Get in Touch with the Life Law Team
Setting up an EPA early is easier, cheaper, and prevents additional stress for your loved ones during challenging times. The Life Law team at Godfreys Law can help you create an EPA, ensuring your rights and wishes are upheld. Contact Godfreys Law at 03 366 7469 to arrange your EPA.
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