What is an Enduring Power of Attorney?
Having an Enduring Power of Attorney (EDU) in place is becoming more important now that we are all living longer and as a consequence the incidences of dementia and/or Alzheimer’s Disease is becoming more common. Both spouses and/or single people should have an EDU.
How to make an EDU
Get to a Solicitor. Ask the Solicitor what fees may attach to this service. The Solicitor will then take you through the four step process.
Step 1: You are asked to nominate a person to whom you wish to give the EDU and the Solicitor will then take you through a list of powers which you wish to evolve to the nominee.
Step 2: Your solicitor will ask you to nominate 2 persons in your family who will be notified in writing of your decision to make this EDU. There are legally defined issues around nominees.
Step 3: Your Solicitor will then contact your own doctor and will instruct you to visit the doctor within 21 days of signing the EDU and if appropriate your doctor will certify that you have the mental capacity to make this decision.
Step 4: Once the Solicitor receives the doctor’s certificate it is placed in your file. In the event of you losing your mental capability to make decisions your Solicitor will apply to the High Court to have the EDU activated. This final process is relatively straight forward once the paperwork is properly formulated. Continue Reading