Many people are unaware that the management of their own legal or financial affairs requires what is known as “legal capacity”. That is the capacity to make appropriate and mature decisions about legal or financial matters and to understand the effect of those decisions. Such capacity can be lost as a result of head injury or disease including degenerative diseases such as dementia. Once legal capacity has been lost, decisions acted upon are invalid. For example, a Will executed by a person without legal capacity is invalid. A person without legal capacity cannot enter into contracts – for example, a contract to sell their own home or operate on their bank accounts.
How can we help?
We can help preclude the difficulties and inconveniences associated with loss of capacity by executing an Enduring Power of Attorney (EPA). This document is essentially a general power of attorney expressed to endure beyond the donor’s loss of legal capacity. The form of the Enduring Power of Attorney is set down in the legislation. We take great care to ensure that your affairs and finances are properly safeguarded and that there are checks and balances to the extent that you require them.
At Jones Leach Lawyers we have been preparing Enduring Powers of Attorney for our clients for many years and any of our solicitors are able to assist you with advice and guidance relevant to your particular circumstances. As with our Wills, we offer a fixed fee service for the preparation of an Enduring Power of Attorney.
We’re here to help. Book your appointment today.