The other Power of Attorney is called An Enduring Power of Attorney and has longer term implications for the elderly or ill client or a client anticipating some incapacity mental or physical. An Enduring Power of Attorney enables you ( the Donor) to choose a person (called an Attorney) to manage your property and affairs in the event of your becoming mentally incapable of doing so. You may choose one attorney or more than one. If you choose more than one you must decide whether they are to be able to act jointly or jointly and severally. You may authorize the attorney to take personal care decisions on your behalf, eg deciding where you shall live, what will happen to your house and money etc.

These Enduring Powers of Attorney must be set up and signed BEFORE the person giving the Power (the Donor) becomes of unsound mind and only becomes operative once a doctor certifies that the said person is no longer capable of managing their own affairs. It is often done by people in the early stages of Alzheimer’s who still want a loved one to made decisions about their welfare into the future and want the Attorney to be able to sell their house to pay for their care either with a family member or in a home of their choosing.

These Powers should be thoroughly explained to the client who should also be reassured that such a Power, provided it is in the right hands, can be liberating and helpful to those who will inevitably have to make long term decisions about the Donor into the future and who would like to know that they are doing so with the complete Authority and blessing of the Donor. A legal process we, at Romaine Scally and Co Solicitors are frequently asked to do and are completely familiar with all the intricacies of such a procedure.