Macaulay Wray Solicitors Explain Why an Enduring Power of Attorney Matters Who Will Speak for You When You Can’t?
An EPA can be used in two ways. If you’re still mentally capable but want support managing your finances, perhaps due to illness or mobility issues, you can activate the EPA yourself. If you become mentally incapable, your Attorney must register the EPA with The Office of Care & Protection in the High Court before they can act. This step is crucial, as without registration, they have no legal authority to act on your behalf. If no EPA is in place and you lose capacity, a loved one would need to apply to the High Court to become your Controller – a process that is slower, more expensive, and more restrictive. Setting up an EPA now brings peace of mind. It ensures your wishes are respected and that someone you trust can step in, if needed. Based in Coleraine, Macaulay Wray Solicitors have proudly provided quality legal services for over 150 years. Our expert team handles everything from property matters and employment issues to personal injury claims, family law cases, and estate planning. As one of Northern Ireland’s leading firms, we guarantee professionalism and reliability in every case we manage. To learn more, visit www.macaulaywray.com, call us on 028 7035 2421, or email info@macaulaywray.com.
NONE OF US LIKE to think about losing the ability to manage our own affairs. But planning ahead now can save your loved ones significant stress later. That’s where an Enduring Power of Attorney (EPA) comes in. An EPA is a legal document that lets you appoint someone you trust to manage your finances if you lose mental capacity. This could include paying bills, managing bank accounts, or handling property. You can limit their powers or specify that the EPA only takes effect if a doctor confirms you can no longer make decisions yourself. So, who should you appoint? Your Attorney must be over 18, mentally capable, and not bankrupt. But most importantly, as they will have access to your finances they must be someone you trust completely. While most Attorneys act responsibly, there have been reported cases of financial abuse. If you’re unsure, you can appoint a professional such as your solicitor or accountant. an EPA does not give your attorney(s) any welfare or medical authority to act on your behalf. You can also appoint more than one Attorney – up to three is practical. They can be appointed to act jointly (all decisions must be made together) or jointly and severally (they can act together or independently). You can tailor this to suit your personal circumstances.
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