Enduring Power of Attorney
An Enduring Power of Attorney (EPA) is created when a Donor who has full mental capacity gives power to a person(s) (usually family members) that they trust to carry out their wishes in the event they lose mental capacity. The document requires that two notice parties be named and at least one of the notice parties must be a family member, and husband if married. The said notice parties must be informed in writing that such a power has been created.
The said document includes a certificate which must be signed by the Donor’s doctor stating that the Donor has sufficient mental capacity at the time of execution and that the document is not executed as a result of Duress or Undue Influence. This certificate may only be signed after the Donor has attended the Doctor in person.
The document also includes a certificate which must be signed by a Solicitor to certify that said Solicitor is satisfied that the Donor understands the effect of creating this Enduring Power of Attorney. Further the Solicitor must be satisfied that the Donor is not acting under Duress or Undue Influence prior to executing this document.