This Mother’s Day, as we celebrate the incredible women who nurture and care for us, let’s consider a gift that truly lasts: peace of mind. Often, we think of wills as the primary way to ensure our wishes are respected later in life. But what about the here and now? What happens if Mum, or any loved one, suddenly can’t make decisions for themselves? That’s where Enduring Powers of Attorney (EPAs) come in.
Think of an EPA as a safety net, a way for Mum to appoint someone she trusts – perhaps you, a sibling, or a close friend – to step in and manage her affairs if she becomes unable to do so herself. There are two main types: one for Property and one for Personal Care and Welfare.
The Property EPA deals with financial and property matters. This could involve paying bills, managing investments, or making decisions about her home. Mum can decide when this EPA comes into effect. She might choose for it to operate even while she has capacity, perhaps for convenience, and continue if she loses capacity. Alternatively, she can specify that it only kicks in if she becomes mentally incapacitated.
The Personal Care and Welfare EPA, on the other hand, focuses on Mum’s health, welfare, and end-of-life decisions. This could involve making choices about medical treatment or her living arrangements. Importantly, this type of EPA only comes into effect if Mum loses the mental capacity to make these decisions herself.
So, how is this “activation” determined? It’s not automatic. For both types of EPAs to be used because of a loss of capacity, a medical professional (like Mum’s doctor) or the Family Court needs to formally assess and determine that she lacks the ability to make the relevant decisions. This ensures that Mum retains control of her life and choices for as long as possible.
Without an EPA in place, if Mum were to become incapacitated, her loved ones would likely need to go through a potentially lengthy and costly process of applying to the court to have someone appointed as a property manager or welfare guardian. An EPA avoids this stress and ensures that someone Mum trusts is making decisions on her behalf.
Setting up an EPA is a straightforward process that involves consulting with a lawyer or legal executive. It’s a conversation worth having, not just for our Mums, but for all adults, regardless of age or health.
How can we help?
If you or a family member would like to take this important step towards protecting your future self and providing invaluable peace of mind, WRMK Lawyers’ experienced team of experienced local life planning lawyers are happy to assist.
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