Felton McKnight & Co.

An Enduring power of attorney is a means by which a person can provide a mechanism to enable their affairs be managed for them in the event that they should lose their mental capacity at some future point in time. In order to set up an enduring power of attorney a person has to decide who it is they would like to be in charge of managing their affairs if they become ill and incapable in later life or as a result of an accident or disabling illness. Once that decision has been made a specific document can be prepared by a solicitor setting out the details of the persons wishes. More than one person can be nominated to be the person who will take charge of the individuals affairs, and very often two or three people , usually children of the person creating the enduring power of attorney are nominated. In addition the fact that the enduring power of attorney is created has to be notified to two independent people, one of whom has to be the spouse of the person involved, if they are still alive, and the other of whom can be a child or other relative of the person . Once signed by the person setting up the enduring power of attorney  the document then has to be signed by each of their nominated attorneys and then by the solicitor who is acting in the matter and after that by the person’s doctor who has to sign a certificate to say they had the necessary mental capacity to complete the document. 

Services:

• We at Felton McKnight have specific expertise in relation to all matters related to circumstances in which persons lose their mental capacity and can assist you in preparing an enduring power of attorney if required. We are also fully familiar with the formalities involved in the process of registering the enduring power of attorney in the high court in the event that the person loses their mental capacity. We believe that it is extremely beneficial for all people but particularly those who may be in the older age groups to consider creating an enduring power of attorney and are willing to talk to anyone who may have any queries about the process at any time.