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Enduring Power of Attorney


An Enduring Power of Attorney is one tool in a suite of legal tools which permit others to act on your behalf in situations where you are unable to act yourself.

While a normal power of attorney will permit another to act for you when you are not physically present, an enduring power of attorney will continue to operate even if you lack legal capacity to act in a transaction, perhaps because you are unconscious or perhaps because you later suffer from a dementia.

Proper legal advice is essential in order that you may know what you are empowering others to do on your behalf, and the restrictions or guidance you may place on those actions. Legal advice may be required should you wish to revoke a power of attorney which you have previously granted.

You should also receive legal advice in order that you understand what an attorney can or must do, and how it differs from what a guardian or manager may do. You should have explained to you how the donee of an enduring power of attorney may become answerable to an appointed manager or guardin or the guardianship board if you do not put your own guardianship arrangements in place.


Power of Attorney and Agency Act