Let's start with what this is. An EPA is a legal document that allows you to choose someone you trust to make decisions on your behalf if you become unable to do so yourself. This could be due to illness, injury, or age-related conditions that affect your ability to communicate or make decisions.
There are two types of EPAs:
- Personal Care and Welfare: Covers decisions about your health, living arrangements, and daily care.
- Property: Covers financial matters, such as managing bank accounts, paying bills, or handling investments.
You can choose to set up one or both types, depending on your needs.
Many people assume that their partner, spouse or children can automatically make decisions for them if they can't. Unfortunately, the law doesn’t work that way. Without an EPA, your loved ones may need to go through the Family Court to gain the authority to act on your behalf. This is often a process that can be stressful and time-consuming during an already difficult time and something you can avoid with an EPA in place.
Having an EPA in place means someone you trust can step in immediately to support your wellbeing and manage your affairs.
The person you decide on is referred to as your attorney and should be someone who understands your values and will act in your best interests.
It could be your partner, a friend or relative or one of your children. You can also instruct that person to consult other people too before making decisions. You can also say who would be a second attorney in case your first choice is unable to act. For property matters, you may choose more than one person or even a trust.
It’s important to consider whether the person you choose has the skills and way of seeing things to handle the responsibilities involved. You might choose different people for your personal care and property so the right people can look after the different parts of your life that need managing.
Even after choosing an attorney, you keep your personal rights. Your attorney must:
- Act with honesty and integrity.
- Consult with you and other people you name in the EPA.
- Avoid conflicts of interest.
- And only act within the scope of authority or boundaries you’ve given them.
You can also change or cancel your EPA at any time while you are mentally capable.
Creating an EPA requires legal advice and must follow specific forms outlined in the Protection of Personal and Property Rights Act 1988. Your lawyer or legal adviser will guide you through the process, making sure your wishes are clearly documented and legally valid.
You’ll need to:
- Decide who is going to be your attorney and what they will be able to do.
- Have your signature witnessed by an independent legal professional.
- Make sure the person you choose signs the document, and their signature is witnessed by someone other than you.
Copies of your EPA should be kept in a safe place and shared with relevant people, such as your GP, family members, and financial organisations.
At North Haven Hospice, we encourage everyone, regardless of their age or health status, to think about setting up an EPA. It's much better to have it in place before you need it. An EPA is a simple yet powerful way to make sure your voice is heard, even when you can’t speak for yourself.
If you'd like to know more, check out the Resources page on our website. The video series "Getting Your Ducks in a Row" is a popular way to learn more about EPA's and other things you may need to think about.
At North Haven Hospice, we believe that planning for the future is an act of love, for yourself and for those who care about you. One of the most important steps you can take today to ensure your wishes are met is to set up an Enduring Power of Attorney (EPA).
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