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Learn All About Enduring Powers Of Attorney


Although this is a difficult subject to think, there may come a time in our lives when we are not able to manage our own affairs, either for mental, physical or circumstantial reasons. An Enduring Powers of Attorney (EPA) provides peace of mind which you cannot do now, instead of someone who you trust; you can cover everything from financial matters to medical treatment.

The Enduring Powers of Attorney are not only more comprehensive but also there are more safety measures for your safety.

This necessarily makes the Enduring Powers of Attorney quite complicated, but in simple words it is a legal document that allows you to donor, who you trust to manage your affairs when you are not in position to do it. This can happen for a number of reasons, as if you are abroad, or more generally because you are mentally and / or physically unable. The person appointed - who is known as an attorney - has the legal power to control the donor's finances without issue, but should be done by law in the best interest of donors.

Enduring Powers of Attorney

Types of Enduring Powers of Attorney

Because an attorney may potentially have many such powers, you may want to be more specific about this matter that you want to control them. It is because of this that there are two different types of EPA

1. Property and Affairs Enduring Power of Attorney

This gives an attorney the power to make decisions in the financial affairs board including the property. After this, an attorney is allowed to operate bank accounts, manage income and succession, and buy or sell property from the donor. Unless a restriction has been imposed, this type of EPA may be applied as soon as it is registered.

2. Personal Welfare Enduring Power of Attorney

This gives a lawyer the power to make all personal welfare decisions on behalf of the donor, such as where it should stay, day to day care, and even medical treatment should be allowed or denied. Unlike a property and case Enduring Powers of Attorney, however, an individual welfare applies only once the EPA is registered and once the donor loses its ability to make a decision.

How can I make the Enduring Powers of an attorney?

First of all, to make an EPA you should be: -
  •          Over 18 years of age, and;
  •          Sound Mind
If you follow these requirements, you will have to fill out an Enduring Powers of Attorney form, in which a statement of the donor, a statement from the certificate provider (which ensures that there is no fraud or improper pressure on the donor), and a statement from the attorney. These forms should then be registered with the legal guardian's office so that they can be valid.

However, it should be remembered that an Enduring Powers of Attorney is an extremely powerful and complex document. If you want to make an Enduring Powers of Attorney, it is wise to seek expert legal advice from a lawyer who can not only guide you through the process, but will also ensure that your wishes are fully established and correctly documented. Jackson and Associates solicitors can help you for making an Enduring Powers of Attorney.

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Location: 6 Main Rd, Belair SA 5052, Australia

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