Enduring Power of Attorney - Property

Allows you to appoint someone to make decisions on your behalf about your property affairs

by Viv d'Or Law

About this document

Use this Enduring Power of Attorney in Relation to Property (EPA) to appoint an attorney (or, more than one attorney) to make act on your behalf in relation to your property affairs. The EPA can take effect from the day it is fully signed, or, it can come into effect only if you become mentally incapable of managing your own affairs. You can also appoint one or more successor attorneys.

What you need to know before you start the interview

  • Who you want your attorney or attorneys to be.Your attorney can be anyone you trust to understand and respect your wishes and feelings and who is able to manage your property. Your attorney must be aged 20 or older, not bankrupt, and not mentally incapable themselves. This can be a friend or family member, a work colleague, or a professional person, e.g. a lawyer or an accountant. An attorney for property can also be a trustee corporation. Make sure you have talked to your chosen attorney(s) and have their agreement before you start.
  • Your EPA will not be valid until signed by all parties. This includes you and your attorney and an authorised witness.
  • You will need to have decided whether your attorney will look after all your property or only specific things, e.g. just your bank accounts and investments.
  • Any special conditions you want your attorney to follow.
  • Whether you want your attorney to consult with anyone over decisions if so, you will need to know who these people are.

Interview time

This interview will take you approximately 15-30 minutes to complete depending on how complex your wishes are.

Document type

Word document.

This interview will generate a document based on the information provided by you. It does not and is not intended to represent legal advice or the practice of law (even if the information you input is based on suggestions or tips provided by us).

Please note: Your EPA should be signed, and witnessed in the presence of your lawyer or another authorised witness, who must explain the effects and implications of the EPA and answer any questions you may have. The signature of each attorney (and successor attorney) you appoint needs to be witnessed by someone other than you or your witness. The witness must be an adult and should not be a relative of the attorney or of the attorney’s spouse or partner or live at the same address as the attorneyat the same address as the attorney

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