Enduring Power of Attorney and Controllerships
An Enduring Power of Attorney can protect your affairs when you become incapable of managing them
How would you cope if something unthinkable was to happen to you and you could no longer manage your financial affairs? For example, if you were rendered incapacitated by an accident? Or you developed a serious illness? It’s a scary thought, such circumstances can be very difficult for you and your loved ones. You can protect against this by making an Enduring Power of Attorney. Through this mechanism you can appoint one or more family members or trusted friends to look after your financial and property affairs in the event that you lose the mental capacity to be able to do so.
If you have not put in place an Enduring Power of Attorney there may be disagreements between family members as to what to do with your finances and property, putting in place an EPA can remove all doubt. We can prepare the EPA on your behalf. It must be in the form as prescribed by the Enduring Powers of Attorney Regulations (Northern Ireland) 1989.
What you need to decide is who you want to be your attorney or attorneys. You can have more than one and you can decide if you wish them to act ‘jointly’, i.e.: making decisions together, or ‘jointly or severally’, i.e.: they can act independently if they so wish. You decide the extent of their powers and whether particular attorneys have powers over distinct and separate elements of your affairs. You will also have to decide when you want the EPA to come into force.
If you lose your mental capacity your attorney will register the EPA with the Court. This allows the Court to give notice to any interested parties, i.e.: relatives who may wish to object to the appointment of the attorneys. We can advise how to navigate this process successfully.
This is something that will need to be considered if a loved one has lost mental capacity without making an Enduring Power of Attorney. A loved one or relative should apply to the Court to obtain a Controllership Order, this will allow them to manage the financial affairs of the patient. We can guide you through this process.
How we Help
We have over 30 years of experience advising clients in Newtownards and the wider Ards Peninsula on how best to draft their wills.
As with all our services, initial enquiries are completely free of charge. You will be under no obligation to instruct us and we will be delighted to advise in any way that we can. We will provide you at the outset with estimates of all our fees and charges. We are strongly of the opinion that transparency is important in developing a strong relationship with our clients.