Enduring Power of Attorney and Guardian
What is the difference between Enduring and General Power of Attorney?
An Enduring Power of Attorney will remain effective even if you lose the capacity to make your own decisions, whereas a General Power of Attorney will cease to be effective once you lose capacity.
Wills and Estates
At the core of any Estate Plan are the below critical documents:
A Will is a document which takes effect when you die. It sets out your wishes including how you wish for your assets to be distributed to your loved ones on your death. An effective Will pays close attention to the appointment of Executors, Guardians for any minor children and to the distribution of your assets. It is vital that your Will is made in accordance with the law to ensure that it is valid and binding at the date of your death. It is important that your Will is regularly reviewed, particularly if there are changes in your circumstances or the circumstances of your intended beneficiaries.
Testamentary Trusts can also be included in your Will that assist in protecting assets for the benefit of your descendants, or to take care of beneficiaries that have special needs.
Our Wills & Estates team operates across a number of areas, including:
- Wills and estate planning (including Enduring Powers of Attorney and Guardianships)
- Grants of probate and letters of administration
- Assisting executors and administrators to administer deceased estates
- Contested Wills and estate matters
- Guardianship and administration applications for incapacitated persons
What is an EPA?
An enduring power of attorney is a legal document by which you appoint a trusted person such as a family member or friend (referred to as ‘the attorney’) to make financial, legal and property decisions on your behalf if you lose the mental capacity to do so yourself. You can appoint one attorney, and up to two alternative attorneys.
You cannot make an Enduring Power of Attorney after you have lost capacity. Therefore, having an enduring power of attorney in place now can give you great peace of mind, knowing that there is someone who can look after your affairs if you are not able to do so for yourself.
What is an EPG?
An enduring power of guardianship is a legal document by which you appoint a trusted person such as a family member or friend (referred to as ‘the guardian’) to make personal and lifestyle decisions on your behalf if you lose the mental capacity to do so yourself.
What is a Medical EPA?
A medical enduring power of attorney is a legal document by which you appoint a trusted person such as a family member or friend (referred to as ‘the guardian’) to make medical treatment decisions on your behalf if you lose the mental capacity to do so yourself.
