Enduring / Lasting / Continuing / Durable Power of Attorney

The document titled 'Enduring / Lasting / Continuing / Durable Power of Attorney' is a legal instrument that grants authority to an appointed attorney(s) to make medical, health, and care decisions on behalf of the donor. It is made by Party 1, who is identified by their name, identification number, and address.

 

The document begins by revoking any previous power of attorney for medical/personal care and appointing Party 2 as the primary attorney. If Party 2 is unable to fulfill their duties, Party 3 is designated as the replacement attorney. If both Party 2 and Party 3 are unavailable, Party 4 is appointed as the alternate attorney. Alternatively, if the document is not for a replacement attorney, Party 2, Party 3, and Party 4 are appointed jointly as attorneys.

 

The document may include restrictions and conditions that the appointed attorneys must adhere to. These restrictions are specified in the document. Additionally, if required, the attorneys must notify certain individuals before applying for the registration of the power of attorney.

 

The power of attorney can be effective either when the donor lacks mental capacity or upon execution. If the donor loses mental capacity, the attorney can make decisions on their behalf. The document also 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. It requires the signature and seal of Party 1, as well as the signatures of witnesses, including registered medical practitioners or solicitors if required. The witnesses must not be the donor.

 

The document provides a step-by-step process for its completion, including the appointment of attorneys, the inclusion of any restrictions or conditions, and the signing and witnessing of the document. It is essential to follow the instructions carefully to ensure the validity and enforceability of the power of attorney.

How to use this document?

To use the 'Enduring / Lasting / Continuing / Durable Power of Attorney' document, follow these steps:

1. Determine the need for a power of attorney: Assess whether there is a need for someone to make medical, health, and care decisions on your behalf in case you become incapacitated.

2. Identify the primary attorney: If you have a specific individual in mind to act as your primary attorney, gather their name, identification number, and address.

3. Determine replacement attorneys (if applicable): If the primary attorney is unable to fulfill their duties, identify one or more replacement attorneys who can step in. Gather their names, identification numbers, and addresses.

4. Decide on joint attorneys (if applicable): If you want multiple attorneys to act jointly, gather the names, identification numbers, and addresses of all the joint attorneys.

5. Consider any restrictions or conditions: Determine if there are any specific restrictions or conditions that should be included in the power of attorney. These may include limitations on the use of the donor's property or specific instructions for the attorneys.

6. Notify relevant individuals (if required): If there is a requirement to notify certain individuals before applying for the registration of the power of attorney, ensure that all necessary notifications are made.

7. Determine the effective date: Decide whether the power of attorney should be effective only when you lack mental capacity or upon execution.

8. Understand the indemnity clause (if applicable): If the power of attorney includes an indemnity clause, be aware of the donor's obligation to indemnify the attorney and their agents.

9. Review the document: Carefully review the entire document to ensure that all the necessary information is accurately included.

10. Sign and seal the document: Sign the document as Party 1 and affix your seal if required.

11. Arrange for witnesses: Arrange for witnesses to be present during the signing of the document. The witnesses must not be the donor.

12. Witness signatures: Ensure that the witnesses sign the document and provide their names and addresses.

13. Additional certifications (if required): If the involvement of registered medical practitioners or solicitors is required, ensure that they provide the necessary certifications.

14. Acknowledgement by attorneys (if required): If there is a requirement for the attorneys to acknowledge their duties and responsibilities, ensure that they sign the document accordingly.

15. Keep copies: Make copies of the signed and witnessed document for all parties involved.

By following these steps, you can properly execute the 'Enduring / Lasting / Continuing / Durable Power of Attorney' document and ensure that your medical, health, and care decisions are handled according to your wishes.