Educating the Public about Powers of Attorney (With the Help of Friends Across the Pond)
As we have described often on this Blog, there is a fair degree of concern about whether members of the public understand the potential significance of a Power of Attorney before they sign the document. Apparently the U.S. is not alone in this concern.
Recently, Northern Ireland’s Law Society (for comparison purposes, an organization which somewhat of a hybrid of the American Bar Association and a state’s licensing board or disciplinary authority), issued an interesting pamphlet about “enduring powers of attorney” or EPAs, to serve as a guide for members of the public, using a Q & A format. EPAs are similar to our durable POAs, and, of course, their utility depends on being executed in advance of any need. Topics addressed include:
- Do I lose control when I sign an EPA?
- Is this just a note of my wishes?
- Do I need an EPA if I have a will?
- If I don’t have investments or property is there any point?
- What if all my assets are jointly owned?
- Can I have more than one attorney [agent]?
- Who should I appoint as my attorney [agent]?
- What power does an attorney [agent] have?
- What responsibilities does my attorney [agent] have?
- Is my attorney [agent] paid for work undertaken?
- Can I change my mind and revoke an EPA?
- If I recover my capacity, who is in charge of my affairs?
- Is it expensive to make an EPA?
You are curious about the answers, aren’t you! For the cleanly written answers to these questions, access the PDF from the Law Society here. Thank you to my Dickinson Law colleague Laurel Terry for the pointer.