Enduring Powers of Attorney
Your "Just in Case" Plan
Nobody plans to lose the ability to make their own decisions — but if it ever happened to you, wouldn't you rather have already chosen who steps in? That's exactly what an enduring power of attorney (EPA) does. You pick the people you trust completely, while you're perfectly well and thinking clearly, so they're ready to go if you ever need them.
There are two EPAs, and they work quite differently from each other.
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This one covers your money, your house, your bills — anything financial.
You can appoint as many attorneys as you like, and they can all be in the pool together at once. You set the house rules on how they work together.
You choose when a Property EPA starts. Most people picture an EPA starting only once they've lost capacity — and that's a perfectly good option. But I often recommend that you choose to start it immediately – that way there can be a seamless transition to your attorneys taking actions for you, if you are overseas or become less interested in finances but are still entirely competent.
Always remember… while you're mentally sound, you're still firmly in charge. You can cancel their appointment — or the whole EPA — whenever you like, simply by telling them in writing. And they can't act against your wishes while you're of sound mind — if you say no to selling the house, that's the end of the conversation.
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This one covers your health and day-to-day living — where you live, what care you get. This EPA only switches on once a doctor confirms you can no longer make your own decisions. The law only allows one attorney at a time here — no shared pool. But you can line up backups, so if your first choice can't act, it flows down to the next person on your list.
Choosing your attorneys
This matters more than any clause in the document. Look for:
Someone you'd give a 10 out of 10, no hesitation, for honesty. Any flicker of doubt and you should think about appointing someone else.
People who get along, especially if more than one is going in the property pool. Where that's tricky, you've got options: give them separate authority so they can act independently of each other, or skip the pool altogether and appoint just one attorney with a succession list of backups.
Someone with the time, temperament, and — for property — the financial common sense for the job.
The person you appoint for personal care and welfare must be able to advocate for you robustly.
Below are the government issued information sheets about how Enduring Powers of Attorney work, and a link to information on the Community Law website and the Citizens Advice Bureau.
Let’s work together.
Please contact me, Lenny, if you would like to make an appointment or to discuss any of the information on this page.