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How to Avoid a Nightmare

By 12 October 2013Podcasts, Wills and Estates

In 3 minutes time, your loved one has a car accident. You need to make decisions for them urgently. You won’t believe how difficult it may be for you to make those decisions without an Enduring Power of Attorney (EPA).

Often, people can become confused between a Power of Attorney (POA) which is a legal document giving the appointee the power to make decisions and do things on behalf of a person for a particular period or transaction. However, a POA expires or terminates upon that person losing the capacity to make decisions for themselves. An Enduring Power of Attorney is still effective once capacity is lost.

In other words, if you have a Power of Attorney at present, you may be able to make decisions for your loved one now. But, if your loved one has a car accident, or suffers a heart-attack and loses capacity, unless you have an Enduring Power of Attorney, it does not follow that you will be able to automatocally make decisions for them. Unfortunately, it’s at moments like this when decisions need to be made. An Enduring Power of Attorney is a very important document to have done now.

To learn more, listen to our interview with Jeff Garrett, Practice Director, Attwood Marshall Lawyers