POWER OF ATTORNEY – Preparing for the Future

As a person gets older and their health becomes more unstable they may wish to consider what options they have to ensure that their affairs will be in order going forward. In particular, it is common for someone who may fear that their mind will deteriorate to register a trusted friend or relative with ‘Power of Attorney’ in case these fears become a reality. In doing so they are authorizing that person to make important decisions regarding their property and health on their behalf. This can be limited to a particular purpose, such as selling a house, or be extended to cover a wide range of powers.

An enduring Power of Attorney involves the drafting of a document stating that the person intends the power to continue in the event that they become mentally incapable.

The person must be medically certified competent to complete the document and in the future if they are certified no longer mentally capable of managing their own affairs the instrument creating the enduring Power of Attorney can be registered in the High Court at which time the appointed attorneys take over making all decisions on behalf of the Donor.