Enduring Power of Attorney: Do I Need One?

Have you ever thought that because of illness, accidental injury or other unexpected cause you might become physically disabled or mentally incapacitated to a level that you would be unable to handle your own matters by yourself, especially the legal affairs? Unexpected incidents happen within a split of seconds and hence you must be prepared to avoid the agony of your close family member. Appointing a Power of Attorney, a document will play an important role in case your sickness grasps you to prevent you handling your own affairs.

Power of Attorney is nothing but a legal document that you can create to appoint a person or persons of your choice to authorize them the right to act or take decisions when you are unable to do so by your own on your behalf as if they are you. This legal document ensures that your affairs are handled by the person of your choice in case you lose your capacity to do so. Here by capacity it means the ability to understand option, remember vital information followed by making a rational decision with a clear understanding of the concerned consequences. The purpose of this legal document is written proof that your choice of person has the power or right to take decisions and act on your behalf.

There are two types of Power of Attorney namely the GPA or General Power of Attorney and EPA or Enduring Power of Attorney.

The GPA allows the donor to appoint a person who would make financial or legal decisions within a limited time period or indefinitely. It only operates when the donor is of “sound mind.” On the other hand the EPA operates the same as GPA except the fact that it continues to be effective even if the donor is not of a sound mind.

One of the questions that donor face who should they appoint. Since the power of attorney grants a person with adequate power while appointing one must be extremely careful about the person he or she is going to choose. You must ensure that appointed person will act in your interest followed by ability to remain objective. You might consider appointing two people who would take decision jointly where they have to agree together before the decision is acted.

You can take help of online legal documentation service to prepare your GPA or EPA and ensure better management of your affairs when you are no longer be able to do so.