Welfare Guardianships & Enduring Powers of Attorney.

Loss of capacity to make decisions can arrive suddenly with age or with injury. Sometimes, it is a good idea to empower trusted friends or family members to make legal decisions on your behalf. There are two legal pathways for doing this.

Firstly, while you still have capacity, you can choose to set up an Enduring Powers of Attorney (“EPAs”). This means choosing someone that you trust and empowering them to be your attorney and act on your behalf for your welfare and property affairs.

Alternatively, if someone you know has already lost capacity and needs someone to make important decisions for them, you can apply to the Court to have someone appointed to look after their welfare and property affairs. This process involves proving to the Court that the appointment is in the best interests of the person without capacity. Unlike an EPA attorney, a person appointed by Court will need to apply to the Court at least every three years to review the order.

If you would like assistance setting up an Enduring Powers of Attorney or making an application to be appointed to look after a loved one’s welfare and property affairs, feel free to contact us.