Enduring Power of Attorney – Everything You Wanted to Know and Didn’t Dare to Ask What is it, Who is it for and What are its Benefits?

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document that is an alternative to appointing a guardian and allows an adult (over 18 years of age) and legally competent person to plan in advance, voluntarily and after thinking, how his affairs will be managed in the future, if and when he reaches a situation where he will be unable to make decisions for himself due to losing the ability to understand and comprehend the surrounding reality. Signing an Enduring Power of Attorney allows the person signing, known as the “appointer”, to designate in advance a proxy, who will act on his behalf and make decisions for him in accordance with his instructions, without the need to go to court to appoint a guardian. The appointer can determine the identity of the proxy and sign the Enduring Power of Attorney as long as he still in full understanding of his surroundings and is able to make decisions regarding all types of his affairs.

By signing a durable power of attorney, the appointer can determine who will take care of his affairs and how his life will look if and when his condition changes for the worse, due to a deterioration in his condition. Deterioration can result from an accident, old age diseases (such as dementia), mental disabilities and intellectual disabilities that may impair the person's judgment and cognitive abilities.

Who is a durable power of attorney intended for?

A durable power of attorney is intended for any person who aspires to maintain control over his life and ensure that his wishes will be realized even if he loses his legal capacity in the future. It is relevant for adults over the age of 18, the elderly, the chronically ill, and business people who wish to prepare in advance for the event that he will not be able to manage their affairs even in unexpected situations.

Purposes of a durable power of attorney

Future planning – allows the appointer to determine how his affairs will be handled in a state of incapacity.

Maintaining the will of the appointer – ensures that the decisions made will meet the wishes of the appointer and will not be dictated by external parties.

Preventing the need to appoint a guardian – allows the management of the appointer’s affairs without cumbersome legal involvement and a lengthy appointment process.

Protecting the appointer – prevents abuse and ensures that the power of attorney will be a person in whom the appointer trusts.

Advantages of a lasting power of attorney

Full control – The appointer chooses a proxy who will be authorized to act on his behalf in the future, when he can no longer make or execute decisions concerning his affairs himself.

Usually, the appointer will choose a proxy based on a relationship of trust and closeness with him (for example: spouse, parents, children) or due to his professional expertise or experience (for example: accountant or lawyer).

A person may decide to appoint a proxy as well as to appoint a replacement proxy, in the event that the first one is not interested or cannot perform his duties permanently. He can also appoint several proxies and determine whether they will act jointly or separately.

Before his appointment, the proxy receives an update on the appointer's desire to appoint him, allowing the proxy to accept the role willingly and with understanding.

Flexibility and personalization – individual instructions can be set in the enduring power of attorney for various matters: property, personal and medical matters, or only for some of them.

Convenient and efficient procedure – by drawing up an enduring power of attorney, there is no need to go to court to appoint a guardian in the future. The power of attorney is activated by reporting directly to the Office of the General Guardian.

Prevention of family disputes – an enduring power of attorney allows for the establishment of clear rules regarding the management of the appointer's affairs, thus preventing disagreements between family members.

How is an enduring power of attorney drawn up?

An enduring power of attorney is drawn up and signed before a lawyer who has undergone specialized training in the subject. In the document, the appointer can determine the identity of the proxy, his powers, specify advance instructions for the manner of operation of the power of attorney and appoint an informed person who will receive updates on the execution of the instructions given by the appointer. In addition to the signature of the appointer, the signature of the proxy on the document is also required. These signatures constitute consent to the content of the enduring power of attorney.

The enduring power of attorney that has been signed is deposited with the General Guardian and a deposit confirmation must be obtained for it, and it will only enter into force in the event that the appointer loses his competence.

Summary

An enduring power of attorney is an essential legal tool that allows every person to plan their future, protect their rights and ensure that their affairs will be managed in accordance with their wishes. It is recommended that anyone interested in maintaining their independence receive legal advice and draw up an enduring power of attorney.

An enduring power of attorney is the surest way to protect your assets, your family and your future.