A Power of Attorney enables you to choose a person/or persons (called an attorney) to deal with your property and affairs. Whereas a Power of Attorney ceases in the event of you becoming mentally incapable of managing your affairs an Enduring Power of Attorney will continue – but at this point it must be registered by your attorney(s) with the Office of Care and Protection. It is important to remember that mental incapacity can happen to anyone at anytime e.g. by accident or through illness.

Is there a time limit on when I can become a Power of Attorney?

You can grant the power at any time provided you are over 18 years of age and mentally capable of understanding what the Enduring Power of Attorney is.

How do I start to appoint an Attorney?

It is recommended that you should seek legal advice as careful consideration needs to be given to the range of powers you wish to give to your attorney. These should also be agreed with your attorney.

Do I have to give my Attorney full powers over all my affairs?

No. You can limit the power to certain parts of your affairs, for example, you may wish them to handle your money but you might want to exclude the sale of your dwelling house from their power.

When does the power take effect?

It takes effect as soon as the attorney signs unless you have included any conditions or restrictions about when the power should commence.

Can I change my mind at any time?

Yes. You can cancel or amend the Enduring Power of Attorney at any time while you are mentally capable. For example if the attorney you have chosen dies or becomes incapable or no longer wishes to act on your behalf you will need to appoint a new attorney.

What happens if I become mentally incapable?

If your attorney(s) have reason in the future to believe that you are becoming mentally incapable of managing your affairs they will have to apply to the High Court (Office of Care and Protection) for registration of this power. You will receive notification of the attorney’s application to the court. The court may question the attorney’s handling of your affairs and may cancel his power at any time if it is not satisfied that the attorney is acting in your best interests.

Who can assist me if I need to make further enquiries?

Please get in touch with our office and ask to speak with one of our solicitors who will be able to advise you. Call us on 028 90770770 or email enquiries@hhdsolicitors.com