Why Do I Need an EPA?

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

Lurgan

BT666AR

www.pparksolicitors.co.uk

Advertisements

Making a Will?

pexels-photo-339620.jpeg

#WILLMAKINGNEVERLEAVEITTOOLATE

The importance of a Will is often minimised by some, as a legal document, but actually a Will is a complex document and drafting a Will for a client is difficult for the solicitor with carriage of it.  A Will is a written record of their client’s last wishes on earth –  a document of that magnitude is of enormous importance not only to the Testator but to their family upon their decease.

It is their last voice.

For years I had preached to family and friends “you need a Will!” Partly, because I recognised the importance of having your voice heard in your absence and partly because the absence of a Will can make the loss of a love one that much harder.

It then hit me, when I had family of my own, that for all my preaching I had not made a Will myself!

So I did what I told my clients to do at our initial consultations – I sat down with my husband and discussed what we would like to happen in the event of our deaths, who we would like our children to live with after our decease, we talked about Trusts, personal items and who we believed would be best suited to deal with our affairs in the form of an Executor upon our decease.

It was a strange and surreal conversation but after the decisions were made I drafted our Wills and had them executed a few days later.

Whilst I hope my husband and I “won’t be going anywhere just yet” we were both glad that those decisions had been made. In my mind I know exactly what will happen to my children after my death. Our family will be well taken care of in our absence and that reassured me greatly as a professional and as a mother.

It is a task that we put to the back of our “minds” however the inevitable will not wait.

It is important to have a Will in place no matter how many assets you have or “don’t have.”

Good Estate planning is key to ensuring your family’s future after your decease. It is an area of complex and quick growth.

No matter at what stage you are in life – whether you have travel in mind, a new home, marriage, divorce – it is important that you seek proper legal advices in respect of your Estate.

A “mistake to day could cost your family in the future.”

If you have a Will in place it is important to review and to update it from time to time to make sure that it fully reflects your wishes.

At Patrick Park Solicitors, we always offer a high quality and completely professional legal service.

We understand that it is not easy to seek advices in respect of Estate Planning particularly if you are suffering from an illness. Our team of solicitors are highly trained in this area to give high quality professional legal advices in a sensitive manner.

Patrick Park Solicitors

02838327436

17a Market Street

Lurgan

BT666AR

Where experience counts.