Difference between Power of Attorney and Enduring Power of Attorney :
The main difference between a Power of Attorney and an Enduring Power of Attorney is that an enduring power still has effect even after you loose mental capacity.
A Power of Attorney is a document you can sign appointing another person to act for you regarding your financial matters. You can choose how narrow , specific and long it will last. You may also chose to limit some actions that can be undertaken on your behalf. A Power of Attorney can also be cancelled at anytime. However a Power of Attorney ceases to operate if you lose mental capacity.
Unlike a Power of Attorney an Enduring Power of Attorney will continues to operate even if you should lose mental capacity. The Enduring Power of Attorney will expressly state that this is to continue even if you lose mental capacity. It is an important document that will enable a trusted family member or friend that you choose to manage your financial affairs. Like Powers of Attorney you can also choose to make your Enduring Power of Attorney narrow or specific. You may also choose to place a limit of when the power may come into effect for example on your treating doctor confirming that you are unable to manage your financial affairs.
You can decide the limits and scope of both a Power of Attorney and an Enduring Power of Attorney. They are an important part of providing some security to you and your family. Enduring Power of Attorneys in particular provide security should you lose mental capacity through injury or illness and will help others to plan your finances to best look after you. Powers of Attorney and Enduring Powers of Attorney can only be executed while the person has mental capacity. In the case of an Enduring Power of Attorney a solicitor or barrister will witness your signature and sign a certificate confirming your understanding.
Your Enduring Power of Attorney will take effect once your attorney accepts the power by signing the acceptance. Neither a Powers of Attorney or Enduring Power of Attorney can be executed if the person ceases to have mental capacity. It is for this reason that you should consult with a solicitor to discuss your needs while you are still well and have no capacity issues.
Should you wish to discuss further Enduring Powers of Attorney and how we can help you protect your best interest please don’t hesitate to contact us.