Enduring / Lasting / Continuing / Durable Power of Attorney

The document titled 'Enduring / Lasting / Continuing / Durable Power of Attorney' is a legal document that grants power to an appointed attorney 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 respected and followed, especially in situations where the donor may lack the mental capacity to make decisions.

 

The entire document consists of several sections, each serving a specific purpose. The first section is the introduction, which includes the date of creation and the identification details of both parties involved. It also states the revocation of any previous power of attorney for medical/personal care.

 

The next section appoints the attorney, providing their name, identification number, and address. It grants the attorney the authority to act on behalf of the donor and perform all acts and execute necessary documents related to medical, health, and care decisions.

 

If there are any conditions or restrictions to the power of attorney, they are mentioned in the subsequent section. These restrictions ensure that the attorney's actions are within the specified boundaries set by the donor.

 

The document also includes provisions for notification. If required, the attorney must notify specific individuals before applying for the registration of the power of attorney. Additionally, any attorney applying for registration must notify other attorneys not joining the application.

 

The validity of the power of attorney depends on the mental capacity of the donor. If the donor only wants the power of attorney to be valid when they lack mental capacity, it is mentioned in a separate section. However, if the donor intends for the power of attorney to continue even if they become mentally incapable, it is stated in another section.

 

In case of indemnity, the donor undertakes to indemnify the attorney and their agents against any actions, claims, costs, expenses, 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, ensuring that it complies with the legal requirements of that jurisdiction.

 

The document concludes with spaces for the donor's signature, the first witness, and the second witness. If required, there is also a section for a certificate by a registered medical practitioner or a solicitor, certifying the donor's mental capacity and the voluntary signing of the document.

 

Finally, there is an acknowledgement section for the attorney, stating their duty to apply for registration when the donor is or is becoming mentally incapable. It also highlights the limited power of the attorney to use the donor's property for the benefit of others and their associated duties and liabilities.

How to use this document?

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

1. Provide the necessary information: Enter the donor's identification details, including their name, identification number, and address. Also, enter the attorney's identification details, including their name, identification number, and address. This step ensures that both parties are clearly identified.

2. Revoke any previous power of attorney: If there are any previous power of attorney documents for medical/personal care, make sure to revoke them explicitly. This step ensures that the current power of attorney takes precedence.

3. Appoint the attorney: Clearly state the name, identification number, and address of the appointed attorney. This step grants the attorney the authority to make medical, health, and care decisions on behalf of the donor.

4. Specify any conditions or restrictions: If there are any conditions or restrictions to the power of attorney, clearly mention them. This step ensures that the attorney's actions are within the specified boundaries.

5. Notify relevant individuals: If required, the attorney must notify specific individuals before applying for the registration of the power of attorney. This step ensures that all necessary parties are informed.

6. Determine the validity of the power of attorney: Decide whether the power of attorney should only be valid when the donor lacks mental capacity or if it should continue even if the donor becomes mentally incapable. This step clarifies the scope and duration of the power of attorney.

7. Indemnify the attorney: If the donor agrees to indemnify the attorney and their agents against any actions, claims, costs, expenses, and liabilities, make sure to include this provision. This step protects the attorney from potential legal consequences.

8. Ensure compliance with jurisdiction laws: Verify that the document is governed by and complies with the laws of the jurisdiction country. This step ensures that the power of attorney is legally valid.

9. Sign and witness the document: Have the donor, the first witness, and the second witness sign the document. If required, obtain a certificate from a registered medical practitioner or a solicitor certifying the donor's mental capacity and voluntary signing.

10. Acknowledge duties and liabilities: If required, have the attorney acknowledge their duty to apply for registration when the donor is or is becoming mentally incapable. Also, ensure that the attorney understands their limited power to use the donor's property for the benefit of others and their associated duties and liabilities.

By following these steps, you can effectively use the 'Enduring / Lasting / Continuing / Durable Power of Attorney' document and ensure that the donor's medical, health, and care decisions are handled according to their wishes and preferences.