There are two types of enduring powers of attorney we can assist you to make to enable an attorey to assist you with care and property decisions if you lose mental capacity through accident or illness. The first is an enduring power of attorney in relation to personal care and welfare, which care facilities like you to have in place when you go to them. The other is an enduring power of attorney in relation to property, which can come into force at your election immediately or only after a suitably qualified health practitioner assesses you to be mentally incapable. This type of ensuring power of attorney allows your attorney to assist with applying your assets in ways necessary to ensure your continued well-being.
Your attorney does not need to be a lawyer, but you need the assistance of a lawyer to set up the enduring powers of attorney.
If you do not have enduring powers of attorney in place when you lose mental capacity, which make happen progressly through illness, or suddenly and unexpectedly through accident, then it will be necessary for your loved ones to apply to the Court with the assistance of a lawyer for authority to make decisions for you. We can assist with this process if your loved one has lost the capacity to act for themselves, however it is advisable to have enduring powers of attorney in place before it is necessary to involve the Court, since involving the Court naturally requires extra costs and time at a difficult time.