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 one or multiple individuals (attorneys) to act on behalf of the donor in financial matters. The document begins by revoking any previous power of attorney and appointing the attorneys. If the first attorney is unable to fulfill their duties, the document allows for the substitution of a second or third attorney. The attorneys can act jointly or individually, depending on the circumstances.

 

If the power of attorney is general, the attorneys have the authority to perform various financial tasks, such as managing bank accounts, claiming benefits, paying bills, making investments, and buying or selling property. The document also provides the option to specify any restrictions or conditions that apply to the attorneys' authority.

 

In case the donor lacks mental capacity, the power of attorney becomes valid and allows the attorneys to make decisions on the donor's behalf. However, if the donor still has mental capacity, the attorneys must act with the donor's consent. The power of attorney is intended to continue even if the donor becomes mentally incapable.

 

The document includes provisions for indemnifying the attorneys and their agents against any actions, claims, costs, or liabilities arising from the exercise of their powers. It is governed by the laws of the jurisdiction country.

 

The document requires the signature of the donor and two witnesses. If necessary, a registered medical practitioner or solicitor can provide a certificate certifying the donor's mental capacity. The attorneys also need to acknowledge their duties and responsibilities by signing the document as a deed.

 

Overall, this document is crucial for individuals who want to ensure that their financial affairs are managed by trusted individuals in case they become unable to make decisions themselves.

How to use this document?

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

1. Provide information: Fill in the necessary details of the donor, including their name, identification number, and address. Also, enter the information of the appointed attorneys, specifying whether they will act jointly or individually.

2. Revocation and substitution: If needed, indicate whether any previous power of attorney is being revoked and substitute attorneys are being appointed. Provide the necessary details of the substitute attorneys.

3. Determine the scope of authority: Decide whether the power of attorney is general or limited. If it is general, specify the tasks and decisions the attorneys can make on behalf of the donor.

4. Specify property or financial affairs: If applicable, describe the specific property or financial affairs that the attorneys have authority over.

5. Set restrictions or conditions: If there are any conditions or restrictions on the attorneys' authority, clearly state them in this section.

6. Notification requirements: If necessary, outline any notification requirements for the attorneys before applying for the registration of the power of attorney.

7. Mental capacity: Determine whether the power of attorney is valid only when the donor lacks mental capacity or if it is valid upon execution. Specify the donor's intentions regarding the continuity of the power of attorney in case of mental incapacity.

8. Indemnity provision: Decide whether the donor will provide indemnity to the attorneys and their agents for any actions taken in good faith during the specified period.

9. Execution and witnessing: Ensure that the document is signed by the donor and two witnesses. If required, obtain a certificate from a registered medical practitioner or solicitor.

10. Attorneys' acknowledgement: If necessary, have the attorneys acknowledge their duties and responsibilities by signing the document as a deed.

11. Review and registration: Before finalizing the document, review all the information provided and make any necessary amendments. Consider consulting a legal professional for guidance. Once ready, register the power of attorney if required by the jurisdiction's laws.

Note: This guidance is for informational purposes only and does not constitute legal advice. It is recommended to consult with a qualified legal professional when creating and using legal documents.