15 September 2020
Enduring Power of Attorney Form
A Power of Attorney enables you to choose a person (or persons) to deal with your property and affairs.
A Power of Attorney enables you to choose a
person (or persons) to deal with your property and affairs. An Enduring Power
of Attorney means that your nominated person (or persons) will be able to
continue to deal with your property and affairs even after you are no longer capable
mentally of dealing with them yourself. Given the importance of the Form, it is
strongly recommended that you obtain legal advice on the legal requirements and
the consequences of signing such. An
Enduring Power of Attorney does not cover health and welfare matters.
To be lawful, the Enduring Power of Attorney
must be in the exact Form enclosed which is prescribed by the Enduring Power of
Attorney Regulations (NI) 1989. The Form must be executed (i.e. made and signed
by the maker as well as the witnesses) in the correct way otherwise it may not
be valid or it may not operate in the way that you wish. Your solicitor will be able to advise you on
how this is to be done to ensure it is enforceable and it achieves what you
It is possible to restrict the ability of your
attorney (or attorneys) to deal with particular assets. You are strongly
recommended to take legal advice from your solicitor about whether or not to
restrict your attorney and, if you wish to restrict, how that should be
If you are appointing more than one attorney
you will need to decide whether those attorneys must act jointly at all times or whether they can act jointly and severally. There are legal consequences and
implications of appointing jointly or appointing jointly and severally and
again you are strongly recommended to take legal advice about these
consequences and implications.
The Law Society therefore recommend that you take
this Form to your solicitor to obtain advice on how to complete the Form, have
all the signatures validly made and the legal implications of it explained.
Your solicitor will be able to keep the original executed Form safe for you so
that it is available when required. Having advice from and being retained by your
solicitor will also mean that it is less likely that the Form will be
challengeable by any person when it is produced to the Office of Care and
Protection for registration. That registration process has legal requirements
which you must observe and your solicitor will be able to advise you on these.
Provision of this Form is on the strict
understanding that the Law Society does not provide legal advice directly to
the public. The Law Society accepts no liability whatsoever and howsoever
caused to any person in relation to taking a certain course of action or not
taking a certain course of action in relation to this issue or that may arise
from the use of the Form and provides no advice or assistance in relation to