EPOA & Decision Making
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What is an Enduring Power of Attorney (EPoA)?
An Enduring Power of Attorney (EPoA) is a legal arrangement that allows you to appoint a trusted person, known as your ‘attorney,’ to make decisions on your behalf in the event that you lose the capacity to make these decisions yourself in the future. This arrangement ensures that someone you trust can manage your personal and financial affairs according to your wishes if you become unable to do so due to lack of capacity.
Decision Support Arrangements
In addition to setting up an EPoA, there are several decision support arrangements under the Assisted Decision-Making (Capacity) Act 2015 designed to assist individuals who currently face or may soon face challenges with decision-making. These arrangements provide varying levels of support based on individual needs:
- Decision-Making Assistance Agreement: Provides support to help individuals make their own decisions.
- Co-Decision-Making Agreement: Involves sharing decision-making responsibilities with another person.
- Decision-Making Representation Order: Appoints a representative to make decisions on behalf of the individual.
For those planning for a future time when they might lose capacity, the following arrangements can be made:
- Advance Healthcare Directive: Allows individuals to specify their healthcare preferences in advance.
- Enduring Power of Attorney (EPoA): As explained, this appoints a trusted person to handle your personal and financial affairs if you are unable to do so yourself.
Setting Up an Enduring Power of Attorney
If you choose to plan ahead, setting up an Enduring Power of Attorney is a proactive step. This document allows you to specify the extent of authority granted to your attorney—whether general or specific to certain matters. You can appoint multiple attorneys and choose a replacement attorney to ensure continuity in decision-making.
For more information or assistance with establishing an Enduring Power of Attorney or applying under the Assisted Decision-Making Capacity Act 2023, please visit the Decision Support Services website or contact us directly.
We are here to assist you in the registration, activation and creation of an EPoA.
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