An Enduring Power of Attorney (“EPA”) provides the power to appoint a person to “step into your shoes”. There are two types of EPAs; one relating to your personal welfare and care and the other relating to your property. EPAs are important to have in place as they provide for the eventuality that, if you were to lose your mental capacity, someone 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.
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.