An Enduring Power of Attorney is a legal document which allows you to choose someone you trust (usually a close family member) to look after both your personal and financial affairs in the event that you lose your mental capacity in the future. An Enduring Power of Attorney will only be effective if you lose your mental capacity and it is highly recommended.
If you do not have an enduring power of attorney in place and you lose your capacity through illness or accident, then you will become a “Ward of Court” and the control of your financial and personal affairs will be vested in a person appointed by the Court with decisions made via an application to the Wards of Court Office of the High Court.
Many people mistakenly assume that their “Next of Kin” would be legally empowered to look after their affairs if they lose capacity and this is simply not the case.
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