Enduring / Lasting / Continuing / Durable Power of Attorney

The document titled 'Enduring / Lasting / Continuing / Durable Power of Attorney' is a legal document that grants authority to an appointed attorney(s) to make medical, health, and care decisions on behalf of the donor. The importance of this document lies in its ability to ensure that the donor's wishes and preferences regarding their medical treatment and personal care are upheld even if they become mentally incapable of making decisions.

 

The document begins with a revocation of any previous power of attorney for medical/personal care and proceeds to appoint one or more attorneys to act on behalf of the donor. If there is a need for a replacement attorney, the document allows for the substitution of a new attorney in case the initially appointed attorney cannot fulfill their duties.

 

The power of attorney can be granted to a single attorney or jointly to multiple attorneys. The attorneys are authorized to perform all acts and execute necessary documents related to the donor's medical, health, and care decisions.

 

The document also provides the option to include conditions and restrictions on the power of attorney if desired. Additionally, there is a provision for notification requirements, where the attorneys must notify certain individuals before applying for the registration of the power of attorney.

 

Depending on the donor's preference, the power of attorney can be effective only when the donor lacks mental capacity or upon execution. In the latter case, the attorney can act with the donor's consent even when the donor still has mental capacity, and the power of attorney will continue even if the donor becomes mentally incapable.

 

Furthermore, the document includes an indemnity clause, where the donor undertakes to indemnify the attorney and their agents against any actions, claims, costs, and liabilities arising from the exercise of the powers conferred by the power of attorney.

 

The document is governed by the laws of the jurisdiction country and requires the signatures of the donor, witnesses, and, if necessary, a registered medical practitioner or solicitor. The witnesses must not be the donor, and their names and addresses should be provided.

 

In summary, the 'Enduring / Lasting / Continuing / Durable Power of Attorney' is a comprehensive legal document that grants authority to appointed attorneys to make medical, health, and care decisions on behalf of the donor, ensuring that the donor's wishes are respected even in cases of mental incapacity.

How to use this document?

Guidance for using the 'Enduring / Lasting / Continuing / Durable Power of Attorney':

1. Enter the necessary information: Fill in the current date, the name, identification number, and address of the donor (party 1), and if applicable, the name, identification number, and address of the replacement attorney (party 3).

2. Revocation of previous power of attorney: Clearly state the revocation of any previous power of attorney for medical/personal care.

3. Appointment of attorney(s): Specify the name, identification number, and address of the appointed attorney(s) (party 2) or replacement attorney (party 3) if applicable.

4. Authority of the attorney(s): Clearly describe the authority granted to the attorney(s) to act on behalf of the donor in making medical, health, and care decisions. Include specific details and limitations if necessary.

5. Conditions and restrictions (if applicable): If there are any conditions or restrictions on the power of attorney, clearly state them in this section.

6. Notification requirements (if applicable): If there is a need for notification before the registration of the power of attorney, specify the individuals who need to be notified.

7. Mental capacity clause: Choose the appropriate option regarding the validity of the power of attorney based on the donor's mental capacity.

8. Indemnity clause (if applicable): If the donor wishes to provide indemnity to the attorney and their agents, include this clause.

9. Governing law: Specify the jurisdiction country whose laws will govern the power of attorney.

10. Signatures and witnesses: Ensure that the donor, witnesses, and, if required, a registered medical practitioner or solicitor, sign the document. The witnesses must not be the donor.

11. Retain copies: Keep copies of the executed power of attorney for reference and future use.

Please note that this guidance provides a general overview of using the document. It is recommended to consult with a legal professional to ensure compliance with local laws and to address any specific requirements or concerns.