Process for dealing with Enduring Powers of Attorney

If you are presented with an Enduring Power of Attorney, ensure that you follow the following process.

• get the attorney to complete a 'Certificate of Non-Revocation' that certifies:
  • they have been appointed the client's attorney and
  • to the best of their knowledge the Power of Attorney has not been revoked
• for all Enduring Powers of Attorney in relation to personal care and welfare and those in relation to personal property that are valid, only, once the client becomes mentally incapacitated:
  • ensure that evidence of the client's incapacity is supplied. This could be either a medical certificate or evidence supplied by the Court.
• for Enduring Powers of Attorney in relation to personal property that are valid immediately upon the document being signed:
  • where the client is not present, it would be advisable to contact the client to ensure they are aware of their attorney's actions.
• check what powers are granted by the document
• confirm what these powers will enable the agent to do on the client's behalf, in terms of dealing with Work and Income, Senior Services or Housing Assessment and
• select the agent's rights and responsibilities in the client's CMS record

Note you must add the date the Enduring Power of Attorney was signed, and the type of Enduring Power of Attorney (property, or personal care and welfare) in the comments field of the agent.

Even when an Enduring Power of Attorney is provided, you should also request that the 'Appointment of an agent' form be completed as this provides us with information which may be used to identify the agent when they contact Work and Income, Senior Services or Housing Assessment.

While it is preferable that this occurs, it cannot be insisted upon. In these cases, the agent (the 'attorney') should complete the form, and the client's declaration will be left blank. The 'agent' also needs to provide two forms of identification for themselves.

Consult your Service Delivery solicitor if you are unsure of the nature of an Enduring Power of Attorney document.