Enduring Power Of Attorney

An enduring power of attorney is a legal document that appoints another person to make financial and legal decisions for you. An enduring power of attorney will continue even if you become mentally incapable of making decisions. It is different from an ordinary (non-enduring) power of attorney, which ends if you become mentally incapable.

To create an enduring power of attorney, the document must be properly signed, and must state:

  • whether the attorney (the person appointed to make decisions) can act while you are capable or only while you are incapable, and
  • that the attorney’s authority continues despite your incapability.

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