Plan Ahead with an Enduring Power of Attorney

An Enduring Power of Attorney allows you to appoint someone you trust to deal with your property and financial affairs on your behalf.

Putting an Enduring Power of Attorney in place can be an important part of planning for the future. It allows you to decide who should manage certain affairs if circumstances arise where you are no longer able to manage them yourself.

Our enduring powers of attorney solicitors advise clients in Holywood, Belfast and throughout Northern Ireland on preparing Enduring Powers of Attorney and the legal requirements involved. Contact our enduring powers of attorney solicitors for a free consultation.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document through which you appoint one or more people to act as your attorney in relation to your property and financial affairs. 

The person making the Enduring Power of Attorney is known as the donor. The person appointed to act is known as the attorney. 

Your attorney may be given authority to deal with financial matters on your behalf, subject to the terms of the document and the law governing Enduring Powers of Attorney in Northern Ireland. 

The appointment must be made while you are able to understand the nature and effect of the arrangement. 

Why Make an Enduring Power of Attorney?

There may come a time when illness, injury or a change in your circumstances makes managing your financial affairs more difficult. 

An Enduring Power of Attorney allows you to make arrangements in advance and choose the person or people you would want to act on your behalf. 

Without an appropriate arrangement in place, family members do not automatically have authority to take control of another person’s finances simply because that person is no longer able to manage them. 

Planning ahead can therefore avoid uncertainty about who should deal with your affairs if your circumstances change. 

Who Can You Appoint as Your Attorney?

Choosing an attorney is an important decision because the person appointed may have considerable responsibility for your financial affairs. 

People often appoint a spouse, partner, adult child, other relative or another person they trust. 

Depending on your circumstances, it may also be possible to appoint more than one attorney. Where multiple attorneys are appointed, consideration needs to be given to how they will exercise their authority. 

Our enduring powers of attorney solicitors can discuss the proposed appointment with you and prepare the Enduring Power of Attorney to reflect the arrangements you wish to make. 

What Can an Attorney Deal With?

The authority given to an attorney will depend on the terms of the Enduring Power of Attorney. 

Their responsibilities can potentially involve everyday financial matters as well as decisions concerning more substantial assets. This may include managing bank accounts and savings, paying bills, dealing with investments and managing or selling property. 

Because the authority can extend to important financial decisions, consideration should be given to both the person appointed and the scope of the powers being granted. 

Enduring Power of Attorney and Loss of Capacity

An Enduring Power of Attorney is designed to continue to operate in circumstances where the donor becomes, or is becoming, incapable of managing their affairs, subject to the relevant legal requirements. 

At that stage, additional legal procedures may apply to the attorney. 

We can advise attorneys and family members on the steps required where an existing Enduring Power of Attorney needs to be used following a change in the donor’s capacity. 

What Happens If There Is No Enduring Power of Attorney?

If a person becomes unable to manage their financial affairs and has not previously made an Enduring Power of Attorney, it may be necessary for someone else to seek legal authority to manage those affairs. 

In Northern Ireland, this can involve an application relating to the management of the person’s property and finances through the appropriate court process. 

This is different from an Enduring Power of Attorney because the individual has not appointed someone in advance to act for them. 

Hunt Solicitors can advise families on the options available where a relative is no longer able to manage their own financial affairs and no Enduring Power of Attorney is in place. 

Enduring Power of Attorney and Your Will

An Enduring Power of Attorney and a Will perform different functions. 

A Will determines how your estate should be dealt with following your death. An Enduring Power of Attorney concerns the management of your property and financial affairs during your lifetime. 

For this reason, making a Will does not remove the need to consider what would happen if you were unable to manage your affairs while you are alive. 

Both documents can form part of your wider estate planning arrangements. 

When Should You Make an Enduring Power of Attorney?

You do not need to wait until later life to consider an Enduring Power of Attorney. 

It may be particularly relevant when reviewing your Will and estate planning arrangements, following a significant change in your personal or financial circumstances, or when considering how your affairs should be managed in the future. 

Importantly, an Enduring Power of Attorney needs to be made while you have the capacity to make the appointment. It is therefore something to consider before the authority is actually needed. 

How Hunt Solicitors Can Help 

Hunt Solicitors can advise you on making an Enduring Power of Attorney, choosing who to appoint and determining how the proposed arrangements should operate. 

We can prepare the necessary documentation and explain the responsibilities associated with the appointment. 

We can also advise attorneys and families where an existing Enduring Power of Attorney needs to be used or where someone has lost capacity without having put an Enduring Power of Attorney in place.