An enduring power of attorney is an innovative legal tool that allows an individual (the grantor) to determine in advance who will handle their personal, medical, and financial affairs in the event that they become unable to do so themselves due to illness, accident, or aging. This legal instrument provides the grantor with control and confidence by setting out their wishes in advance, in case they lose their legal capacity in the future. Our firm provides professional consultation and drafting of enduring powers of attorney, tailored to each client’s personal needs and preferences. We explain the legal and personal implications of the document, assist clients in defining precise conditions and instructions, and ensure that the document is legally valid and compliant with all legal requirements. In addition, we offer ongoing support and guidance to families and appointed attorneys during the implementation of the document, to ensure proper care and sound management of the client’s affairs.

Purpose of an Enduring Power of Attorney

An enduring power of attorney is designed to address situations in which a person loses decision-making capacity and allows them to determine in advance how their affairs will be managed — in a manner that respects their wishes, dignity, and personal values.

Types of Matters That Can Be Included

1. Personal Matters:

Covering issues such as place of residence, personal care, and general well-being. The grantor may include specific “advance instructions” regarding the type of care they wish to receive, their daily routines, and their relationships with family members and friends.

2. Medical Matters:

Setting out instructions concerning medical treatments, medications, surgeries, and even life-support decisions. The grantor may direct the attorney on how to act in the event of serious illness or a medical emergency.

3. Property and Financial Matters:

Including management of assets, bank accounts, investments, and other financial obligations. The grantor may specify how their financial resources should be managed and who will be authorized to access and operate their accounts.

Choosing an Attorney-in-Fact

Selecting an attorney-in-fact is a critical decision. The grantor should appoint a person they fully trust — someone familiar with their wishes and values and capable of acting in their best interest in complex situations. It is also possible to appoint more than one attorney and divide responsibilities among them, or to appoint an alternate attorney in case the primary one cannot fulfill their duties.

In conclusion, an enduring power of attorney is an essential tool for future planning and for ensuring proper management of the grantor’s affairs when they are no longer able to handle them independently. The drafting and registration process requires professional legal advice and guidance to ensure that the document protects the grantor’s rights and accurately reflects their wishes.