Family Law.

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 EPAs; one relating to your personal welfare and care  and the other relating to your property.

Personal and Property

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.

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 someone under an enduring Power of Attorney, an Order from the Family Court can be obtained appointing a property manager and/or a welfare manager.