Enduring Powers of Attorney

An enduring power of attorney (EPA) is a legal document that appoints someone or a group of people to act on your behalf in the event you become incapacitated and unable to make decisions for yourself. The EPA can limit the scope of the power but usually covers both financial, personal and health matters. Further, you can place certain rules on decision making and when the EPA will come into effect. An EPA ceases to have effect if you pass away, hence the requirement to also have in place a properly drafted will.

If you have separated from your spouse since appointing them as an attorney in your EPA, then you should immediately have a new EPA prepared as the appointment of your spouse will most likely have become ineffectual

In the event you lose the capacity to make decisions for yourself and do not have an EPA in place, depending on the type of decision to be made, the decision may be made informally or someone (most likely a member of your family) will be required to apply to a tribunal to become your guardian and statutory attorney. In some cases however, the Adult Guardian will be appointed to act on your behalf.

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