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.
The word “attorney” here means the trusted person that you appoint to make decisions for you, not your lawyer.
There are two EPAs, and they work quite differently from each other.
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An enduring power of attorney (EPA) for property covers your money, your house and your bills.
Who you appoint
You can appoint as many attorneys as you like and set the rules for how they work together.
When it starts
You choose the start date. Some people start it only once they've lost capacity, and that's a fine option. I often suggest starting it straight away. Your attorneys can then step in smoothly if as you get older, and perhaps lose a little interest in your finances.
You stay in charge
While you're mentally capable, you make the decisions. Your attorneys can't act against your wishes. If you say no to selling the house, that's the end of it.
You can also cancel an attorney's appointment, or the whole EPA, at any time by telling them in writing.
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Personal care and welfare EPA: what it covers
This EPA covers your health and day-to-day living, including where you live and what care you receive.
When it starts
It only switches on once a doctor confirms you can no longer make your own decisions.
Who you appoint
The law allows one attorney at a time here, so there's no shared pool. You can name backups, though. If your first choice can't act, the role passes to the next person on your list.
Choosing your attorneys
This matters more than any clause in the EPA document. Here's what to look for.
Someone you trust completely
Ask yourself: would I give this person 10 out of 10 for honesty, with no hesitation?
If there's any flicker of doubt, think about appointing someone else.
People who get along
If you're appointing more than one attorney for property, they need to work well together.
If that might be tricky, you have two options:
Give each attorney separate authority, so they can act independently of each other.
Appoint just one attorney, with a list of backups who step in if needed.
The right skills for the job
Time to do it properly.
A steady temperament.
For property, good financial common sense.
A strong voice for you
For personal care and welfare, your attorney needs to advocate for you firmly. They may have to speak up on your behalf with doctors and care providers.
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.