What is an EPA?
An enduring power of attorney (EPA) allows its donor (the person who wishes to give their power of attorney to someone), while he/she is still mentally capable, to appoint an attorney(s) to take care of the donor’s financial matters in the event that he/she subsequently becomes mentally incapacitated.
While a general power of attorney will cease to be effective automatically if one become mentally incapacitated, an EPA will ‘endure’ the donor’s mental incapacity and give the attorney the power to continue the donor’s financial affairs despite such incapacity.
Benefits of an EPA
Everyone faces the risk of losing mental capacity due to illness or accident. An enduring power of attorney allows someone (the donor) who is still mentally capable to appoint an attorney to take care of his financial matters in the event that he becomes mentally incapacitated. You may, for example, appoint an attorney to manage your financial affairs, even to sell or use your flats or other properties, when you are unable to do so; the attorney may use the assets to provide for your dependent with intellectual disability.
Powers of the attorney
Unlike the guardian, there is no financial limit on the amount of property the attorney can handle on behalf of the donor. However, an attorney deals with the donor’s financial assets only, but will not decide on the where the donor’s intellectually disabled dependent should live and what medical treatment he receives.
Last updated: March 2016
Disclaimer: The information available on this website is for preliminary reference only and should NOT be considered as legal advice. You should consult your own lawyer if you want to obtain further information or legal assistance concerning any specific legal matter.