ACTIVATING ENDURING POWERS OF ATTORNEY

An enduring power of attorney (EPOA)) is a legal document where the donor gives someone else (the attorney) the power to act for the donor if they become “mentally incapable” and lose the ability to make significant decisions for themselves. There are two different thresholds for activating an EPOA:

“not wholly competent”: property EPOA , s 94(1)

“lacks the capacity”: care and welfare EPOA, s 94(2)

When activating an EPOA, there are no longer prescribed certificates to complete however any certificate or opinion of mental incapacity must include the prescribed information shown in the Regulations.

 

  © 2019 Alison Douglass