Need an Enduring Power of Attorney?

Need an Enduring Power of Attorney?

Are you becoming elderly or suffering a serious illness; or are your mental faculties failing? Do you need to appoint someone to deal with your affairs on your behalf? Our lawyers at ParrisWhittaker are experienced probate and powers of attorney lawyers and we will give you compassionate but expert advice in relation to both your needs. 

Through years of experience, we are adept at dealing with enduring powers of attorney(EPOA) matters both sensitively and strategically to protect our clients’ interests at a difficult stage in their lives.

Powers of Attorney

An EPOA is not to be confused with a Power of Attorney (POA) which is a written document appointing someone to act on your behalf as your agent.  When fully executed, the POA gives that person legal authority to carry out the matters specified in it.  POAs can give someone authority to do different things on the donor’s behalf including:

  • Handling financial matters;
  • Dealing with specific personal transactions such as the purchase of a property;
  • Dealing with all the donor’ affairs;

EPOA


An EPOA will grant the person of your choice (the Attorney) legal power to deal with your financial affairs and property and, essentially, allows you to choose who will deal with your affairs in the event you become mentally incapable and unable to deal with affairs personally.

The EPOA must be registered with the Supreme Court Registry of The Bahamas and only then will it take effect. However, if it specifies it is only to come into effect when you become mentally incapable in the future it will come into effect at the point.

It is important to give careful thought as to who you would wish to appoint as your attorney.  Under the Powers of Attorney Act 1992, he or she must be over 18 years of age and must be someone you trust implicitly, such as an adult child or close friend.  An EPOA can be revoked at any time whilst you have the mental capacity to do so.

It is also important to organise an EPOA when you are of sound mind.  If you become mentally incapable of dealing with your affairs but do not yet have an EPOA in place, your closest relatives will likely need to make an application to the court to deal with your matters for you.  This is a costly and time consuming process which will potentially cause problems with your financial and practical situation and that of those relatives.

For immediate advice, the expert enduring powers of attorney lawyers at ParrisWhittaker will give you detailed guidance on the extent of  EPOAs and their legal effect.  We will explain what your attorney can and cannot do on your behalf under an EPOA giving you peace of mind.

If you are considering having an EPOA it is imperative you consider the need for a Will (if you do not already have one).  If you already have a Will, this should be reviewed while you are able to do so.  The lawyers at ParrisWhittaker are experienced Wills lawyers and are on hand to give you strategic advice across these issues.  Contact us today