Having an EPA means you can have peace of mind that you have decided ahead of time who you trust to make decisions for you if you can’t decide for yourself. In the situation where one becomes mentally incapable a normal power of attorney is automatically revoked. Mentally incapable is not merely the situation where one is suffering from dementia or some form of senior affliction but also if one is physically afflicted resulting in brain injury or coma. Mental incapacity can be permanent or temporary.
There are two types of EPA one that deals with your assets and liabilities (property, bank accounts, investments, payment of bills, etc) and the other deals with your personal care and welfare (medical care, respite or permanent living arrangements and care). Contrary to general belief these are not necessarily only useful for older people.
An EPA covering your property can be effective immediately and not be revoked if you become mentally incapable or it may only come into effect if you become mentally incapable. An EPA covering your personal care and welfare only comes into effect if you become mentally incapable. You must be aware of what you are doing and the effect of doing it when you enter into an EPA so the earlier it is done the better.
There are many legal constraints for attorneys. If the EPA is only triggered on mental incapacity then a medical certificate to the effect of your mental status must be obtained. There also many restrictions in respect to how attorneys can deal with you and/or your property. In addition you can add further restrictions as you see fit to cover your specific circumstances
Who you trust to be an attorney is very important. A family member or a friend or if necessary a professional person.
Your best option is to speak with a solicitor about your needs. I have done many of these covering many differing circumstances so give me a call.