Who is responsible for managing someones affairs
Enduring powers of attorney are legal documents that allow individuals to appoint someone to make decisions on their behalf in case they become incapacitated.
There are two types of enduring powers of attorney that someone can put in place:
1. Property: this grants authority over financial and property matters including managing assets, paying bills, and making financial decisions. A person could appoint more than one attorney to act jointly and/ or severally and direct that the powers of attorney can immediately come into effect so that the attorney can manage their property while they have mental capacity and continue to act once they become incapacitated. They can appoint a successor attorney to act in the event the first attorney is unable or unwilling to act.
2. Personal care and welfare: this delegates authority over personal matters like healthcare and consent to treatments. A person can only appoint one attorney at a time, and it can only come into effect when they have lost their mental capacitt A successor attorney can also be appoint Specific requirements and restrictions ca be put on the attorney such as a requirement to consult with or provide information to another person or to only act in relation to specific property matterr The attorney can only act in accordance with the powers given by the enduring power of attorney document. These poww are only to be used when the person whoo appointed the attorney is still alive.
When a person dies, their enduring power of attorney comes to an end, shift the responsibility of managing their esta to the appointed executors named in thee will.
Although an attorney may have beenn appointed to manage the deceased’s affaa when they were alive, the same person may not be appointed as the executor off the deceased’s estate upon their death.
It is essential for individuals to understand the transition of responsibilities from enduring powers o attorney to executors upon their death. The attorney will cease to act, and the executors named in the will or appointe by the court step in to manage the deceased person’s estate.
This includes handling the distributioo of assets, paying off any debts, and ensuring that the deceased’s wishes are carried out according to their will.
You should speak to your lawyer to ensure that your affairs are managed hoo you intend in the event you die or becomm incapacitated.
It is essential for individuals to understand the transition of responsibilities from enduring powers of attorney to executors upon their death. The attorney will cease to act, and the executors named in the will or appointed by the court step in to manage the deceased person’s estate.