2.0 Life Planning
Enduring Power of Attorney & Protection of Personal Property Rights Application
An Enduring Power of Attorney (“EPA”) provides the power to appoint a person to “step into your shoes”. We can assist you with preparing EPAs and in the alternative, if these are not in place we can work alongside you in making the relevant court applications.
Enduring Power of Attorney
An Enduring Power of Attorney (“EPA”) provides the power to appoint a person to “step into your shoes”. There are two types of EPA’s, one relating to your personal welfare and care (“Personal EPA”) and the other relating to your property (“Property EPA”). EPA’s are important to have in place as they provide for the eventuality that, if you were to lose your mental capacity, someone is appointed to assist with managing your property affairs and making decisions as to your welfare.
Failure to appoint a person pursuant to an EPA would require the Family Court, under application, to make an order in the event of mental capacity, often at significant expense and delay.
Whether you appoint an attorney to look after your personal welfare or to manage your property, careful consideration as to who would be appointed, and the scope of the power is needed and we can work alongside you with these appointments.
Protection of Personal Property Rights
If a loved one has suffered an illness or accident which has left them mentally incapable of managing their own personal care and welfare and/or property, and they have not appointed an enduring Power of Attorney, an Order from the Family Court can be obtained appointing a property manager and/or a welfare manager.
We can work alongside you in making the relevant applications and advise you throughout the process.