Enduring Power of Attorney
An Enduring Power of Attorney, unlike an ordinary Power of Attorney, comes into effect after the person becomes mentally incapacitated. Enduring Powers of Attorney can be made in 2 ways.
In relation to personal care and welfare
Such Enduring Powers of Attorney comes into effect only if and when the individual named becomes mentally incapacitated.
In relation to personal property
'Property' in this context may include a client's financial affairs, including the ability to act on the client's behalf with Work and Income, Senior Services or Housing Assessment.
Under this form, the person granting the Power of Attorney can decide when the power may be used: namely, as soon as the Power of Attorney is signed and continuing in the event of mental incapacity, or deferring it until the client becomes mentally incapacitated.
Note once such a Power of Attorney is invoked, the client loses the legal ability to exercise the rights given to the 'attorney'.
Process
For information on how to deal with Enduring Powers of Attorney, see:
Ending an Enduring Power of Attorney
Once commenced, an Enduring Power of Attorney will continue to operate unless it is revoked by the client. This can be done at any time provided they have full capacity, or where this is not the case, by the Court if it is satisfied that termination is in the best interests of the client.
Consult your service delivery solicitor if you are unsure of the nature of an Enduring Power of Attorney document.
Legislation
- Enduring Powers of Attorney Protection of Personal and Property Rights Act 1988
