Enduring Powers are concerned with the care of a person and the management of their assets during the lifetime should they become mentally incapable of managing their own affairs. In completing an Enduring Power of Attorney, a person appoints an Attorney to look after his or her affairs if such an eventuality should arise. The person making the Enduring Power of Attorney can decide what powers the Attorney will have. These may include powers to deal with personal care decisions only or to deal with all aspects of the Donors affairs should the need arise. The Enduring Power of Attorney has no legal effect and cannot be acted upon by the Attorneys unless and until the Donor becomes incapable of looking after themselves or their affairs. The Donors incapacity must be certified by a Medical Practiioner and the Enduring Power of Attorney registered in the High Court.
One of the main advantages of making an Enduring Power of Attorney is that the Doner is able to say in a legally binding document who is to look after their affaris and assets, should they become mentally incapable of doing so themselves during their lifetime.