Unformatted text preview: uring guardianship. Who can make an enduring power of attorney?
Anyone can make an enduring power of attorney if they have the mental capacity to
understand the nature and effect of the power of attorney. People of any age (not just older
people) can make an enduring power of attorney. It is a safeguard for anyone who would like
to choose who can manage their financial affairs if they lose their mental capacity. Enduring Power of Attorney . . . A guide to assist you in planning for your future page 1. What level of capacity does someone need to make a valid enduring power of attorney?
To make a valid enduring power of attorney, the person making it must have mental capacity
when they sign the document. At that time, the person must be capable of understanding the
nature and effect of the enduring power of attorney. They must be capable of understanding
the range of decisions which the attorney can make on their behalf. They should also
understand that the attorney can make decisions without consulting them. What if it is unclear whether a person has the mental capacity to make an enduring power of
If it is not clear if a person has the required mental capacity to make an enduring power
of attorney, it is best to seek advice from a lawyer and health professionals. The lawyer
may suggest that the person’s capacity be assessed by a professional (such as a
neuropsychologist or geriatrician) before the enduring power of attorney is made. Who should I appoint as my attorney?
An attorney can have enormous power over your financial affairs. You should choose an
attorney whom you trust and who will manage your finances in a responsible way. If your
financial affairs are complicated, you should appoint an attorney who has the skills to deal
with complex financial arrangments. You may wish to appoint a family member or a close
friend as your attorney. You can also appoint the Public Trustee or a trustee company but fees
will apply. You should contact these organisations for m...
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