Explain an Enduring Power of Attorney
An enduring power of attorney is a kind of power of attorney, similar to a durable power, primarily found in the United Kingdom, Canada, Australia and other commonwealth countries. Enduring powers of attorney are based on the laws of the state or province in which they are formed, so seek the advice of a qualified lawyer, solicitor or other legal professional in your area if you need legal assistance with an enduring power of attorney.
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Enduring Powers
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Enduring powers of attorney are legal documents through which you, as the grantor, can designate someone else to make medical or financial decisions on your behalf. In general, the grantor must be at least 18 years old and have full legal capacity, meaning the person must be able to understand his choices and the nature of the rights he conveys through the power of attorney. An enduring power of attorney allows the person granted the powers, called the agent or attorney, to continue making decisions on behalf of the grantor, called a principal, even if the grantor looses capacity.
Lasting Power of Attorney
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In the United Kingdom, enduring powers of attorney have been replaced by Lasting Powers of Attorney, according to the Office of the Public Guardian. Lasting powers serve essentially the same purpose as enduring powers and can be registered with the Office of the Public Guardian; registered powers of attorney can only be revoked by the Court of Protection. Lasting powers can also be used in conjunction with enduring powers that already exist.
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Attorneys
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In the United States, agents who receive power of attorney are generally referred to as an attorney-in-fact, while in countries that have enduring powers of attorney the agents are often referred to simply as an attorney. This does not necessarily mean the agent is a legal professional. For example, the Government of Western Australia states that anyone can act as an attorney as long as the person is at least 18 years old and has full legal capacity.
Requirements
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Enduring powers of attorney convey broad and important powers to the attorney. These powers can only be granted in writing and must comply with the laws of the country or region in which they are created. At a minimum, these documents must include the names of the principal, the attorney and the powers being conveyed. The document must also be signed by the principal, the attorney and two witnesses, though these requirements may differ depending on the jurisdiction.
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References
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