“The facility of lawyer takes impact when an individual is mentally handicapped …”
What is a permanent power of attorney?
If someone becomes unable to work due to disability, illness, or progressive degenerative disease, their assets may be frozen.
To avoid this situation, a person in good health should create a Permanent Power of Attorney (EPA), sometimes referred to as a “living will”.
A power of attorney only takes effect when a person is mentally handicapped.
In the event of the donor’s inability to manage their money and property, the Power of Attorney gives the attorney the authority to administer the money and property once certain steps have been taken.
The creation of the WPA does not prevent the donor from managing their money and assets. This only happens if the donor is mentally disabled.
What powers does the appointed lawyer have?
A permanent power of attorney can be very specific, e.g. B. by entrusting the lawyer with a specific task, e.g. B. selling real estate or managing bank accounts.
Alternatively, the EPA could be very general and allow the attorney to do anything you would do with your money and property.
This second type of EPA could also allow your attorney to make personal hygiene decisions, such as: B. where a person lives, who they should and should not see, diet and clothing.
If you want to put certain restrictions on the attorney, you can. For example, you can ban the sale of your home.
How do you appoint a lawyer?
You can appoint anyone you want to serve as an attorney – your spouse, family member, or friend. You can also appoint more than one person.
They can be specified to act together – decisions must be made together, or they can be specified to act collectively where they can act together, but an attorney can also make decisions.
Choosing a lawyer is a personal matter.
However, a lot of thought needs to be given to the nomination.
You need to wonder if this person is right for the job.
Are they trustworthy and do they have the skills to manage my affairs and make decisions for me?
Once you have decided to appoint a family member, you can choose to consult others about what would be best for you and what your wishes would have been if you had been able to make decisions.
You can also choose an alternate lawyer in case your first choice is unwilling or unable to act.
How is an EPA created?
The process of creating an EPA is complex. You need to consult your lawyer and doctor.
After consultation with you, your lawyer will prepare the documents for you and decide whether a specific or general power of attorney is better suited to your needs.
Your attorney must be made aware of the role and duties.
Two independent persons must be notified that you have created the power of attorney.
Your attorney will prepare all of these documents and communications and guide you through the process.
Can the person who created the EPA change their mind?
The EPA can be revoked at any time prior to its registration, provided the person who created the power still has the mental capacity to do so.
If you change your mind about an EPA or your choice of lawyer, you should consult your lawyer immediately. Your lawyer will inform you of the EPA’s revocation.
How does the lawyer register the EPA?
The attorney must apply to the Wards of Court Office for EPA registration if the donor becomes mentally retarded. It only comes into effect after registration.
The attorney must provide medical evidence of the donor’s incapacity and notification of the request for registration to the EPA.
The EPA must also be served on the person who created power.
It must also be served on the same two people who were informed of the creation of the EPA.
The series of notifications and reviews associated with registration ensures that the system is open and transparent, and allows individuals to object if they fear that the attorney may be acting inappropriately.
Once the EPA is registered, the attorney can lawfully act on behalf of the donor.
Suppose there are urgent decisions to be made, such as: B. in the field of personal care.
In this case, the attorney can make decisions before the EPA is registered.
If they need to take steps to preserve and protect the donor’s assets, they can do so before the EPA is registered.
If necessary, the attorney is required to keep accounts and submit them to the court.
Unless the donor has indicated that they are entitled to payment, the attorney can only claim expenses.
Thought about it
Permanent power of attorney is just as important as your will, but many people emphasize the latter.
The permanent power of attorney prevents a situation where money and assets are frozen as friends and family members struggle to cope with the stresses and demands of the illness.
FURTHER LEGAL NOTICE / INFORMATION
For further advice or if you would like to discuss any other legal area, please [email protected] or call 052-6124344.
The material contained in this article is for general informational purposes only and does not constitute legal or other professional advice.
Although every care has been taken in compiling the information, we recommend that you seek advice from us on legal decisions or measures.