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Enduring Power of Attorney is a document through which you choose a person(s) to manage your affairs in the event that you are unable to look after your own affairs at some stage in the future. Your Doctor or Consultant will need to determine your capacity/capability in the future. The two primary points to understand about Enduring Power of Attorney is that 1) it can only be established when you have the mental capacity to do so and 2) it is ineffective until after you become incapable of taking care of your affairs.
The purpose of an Enduring Power of Attorney, is to appoint a person (an Attorney), to take care of your personal and/or financial affairs, in the event that you no longer have the mental capacity to do so yourself.
With Tallans Solicitors (Ashbourne) LLP, you’ll get jargon-free legal advice that you can depend on. Our solicitors are experts in their specific areas of practice, ensuring that you, our client, gets the best possible legal advice and personal attention. Established in 1899, trust Tallans to do the best for you, whatever legal issues you may face.
While an Enduring Power of Attorney may never be required as you may never lose the capacity to manage your affairs, it is a recommended precaution to appoint an Enduring Power of Attorney as it enables you to: – Select a person or persons of your own choosing to act on your behalf, – It can reduce the stress of your family at an already difficult time, – It can prevent family disputes in relation to assets and care decisions, – It is cost effective and more simple than the alternative to an Enduring Power of Attorney (a Ward of Court Application). The common misconception is that Enduring Powers of Attorney only apply for elderly patients but this is not the case. An Enduring Power of Attorney is also suitable for situations involving acquired brain injury, psychosis or other physical and/or mental dysfunction which may have a permanent or temporary effect on a persons ability to manage their own affairs. We highly recommend to our clients to proceed with an Enduring Power of Attorney alongside their Wills.
The Enduring Power of Attorney can permit your Attorney to take care of either (1) your property and financial affairs or, 2) your health and personal affairs or, 3) all of your affairs (financial, property, health & personal affairs). The decisions you may let them make on your behalf can relate to a variety of things such as what to do with your house or investment properties, where you will live, who you’ll live with, your diet and dress, and other personal decisions which directly affect you and your future care. To summarize, you can give your Attorney as much or a little control as you choose to. The choice is completely yours.
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At Tallans, our dedicated Enduring Power of Attorney solicitors have over 100 years of experience in looking after the needs of our clients. At Tallans Solicitors (Ashbourne) LLP we offer:
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