An Enduring Power of Attorney (EPA) allows people you trust to effectively manage your personal and financial affairs when you cannot.

It can come into being immediately or at an appointed time. The difference between an Ordinary Power of Attorney and an EPA is that the OPA will not be valid if you lose capacity.

An EPA is a sensible document that allows you to have people you trust look after you when you really need it either by physical illness or by lack of mental capacity and understanding.

If you do not have an EPA a Controllership may sought from the Office of Care and Protection which can be expensive, long drawn out and complex.

If you wish to enter into a EPA we always advise clients to update or make a will at the same time. The first step you need to take is to select an attorney. To do so you must consider the age of the attorney, whether you want one or two appointed and their own personal circumstances for example do they have work or family commitments that might hinder them in their EPA.

An Attorney is expected to protect you and to consider your wishes but to balance them with your well being. They must at all time keep their personal finances separate from yours and to keep appropriate note of any expenditure on your behalf.

In your EPA you can stipulate the extent of their powers for example whether you wish to grant them a general power or power over finances alone.

If your Attorney feels that you no longer have capacity s/he must register same in the High Court in order for them to make decisions as to your care.

EPAs are sensible. They are a way to plan ahead so that you are not left with a Controllership which is complex and expensive.  An EPA allows those you trust to make the decisions they know would be in accordance with your wishes and feelings.

To get experienced legal advices for planning your future not yet written.

Please ring us today for an appointment on 02838327436.

Patrick Park Solicitors

17a Market Street



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