Enduring Powers of Attorney / Wards of Court

  • Making your Enduring Power of Attorney

  • Registration of Enduring Power of Attorney

  • Advising Attorneys about Role and Duties

  • Advising Notice Parties

  • Wards of Court Applications

  • Advising Committee on Role and Duties

What is an Enduring Power of Attorney?

An Enduring Power of Attorney (“EPA”) is a formal legal document which means that if you permanently lose mental capacity (e.g. due to a stroke or brain injury), your wishes will be followed. In your EPA, you nominate the person or people you trust to “step into your shoes” and make decisions on your behalf (your “Attorney(s)”). The EPA only takes effect after your incapacity is medically certified and proven. Your Attorney(s) will then make decisions about your care, look after your assets, and act on your behalf generally- but only in the way you have already chosen in your EPA.

What happens if I don’t have an Enduring Power of Attorney?

If you do not have a valid EPA and you lose mental capacity (e.g. due to a stroke or brain injury), then your loved ones will have to go through a Court process for the appointment of a Committee to make decisions on your behalf, and your money and assets will be taken under the control of the Court. We strongly encourage our clients to take control of this risk by setting out their wishes in a valid EPA.

Why choose us to assist with your Enduring Power of Attorney matter?

We have expertise in this area, and we guide our clients on their EPA matters to make for a simple and straightforward process. We have substantial experience with all aspects of the law relating to EPAs, from drafting EPAs to precisely match our clients’ wishes, to assisting the Attorneys with registering the EPA when the donor has lost mental capacity. We also advise Notice Parties about their duties regarding the proposed registration. If it relates to an EPA- we can help.

Contact Peter Boyle or Melanie Boyle to discuss how we can help you with your EPA