Guidelines for making an EPA
Who you appoint as your attorney(s) is a very important decision as the attorney(s) will have significant decision-making powers that will impact your security and well-being. When choosing your attorney(s), here are some questions you should consider:
- Is this person or people trustworthy and likely to act according to you wishes and preferences, taking account of your beliefs and values?
- Are there any potential conflicts of interest for the attorney(s) that may prevent them from acting in your best interests? For example, this may arise where the person is a potential beneficiary of your estate
- Does this person or people have the skills needed for the role? For example, are they capable of dealing with all of your property and financial matters and will they keep accurate records and accounts of all these transactions and be able to fully account for your assets?
- Will this person or people manage your financial and business affairs in a responsible way?
- Is this person or people willing to take on the responsibilities of the role?
- Does this person or people live in close enough proximity to be able to physically attend to these matters?
- If you are appointing two attorneys, will they be able to work well together?
- If you are appointing two attorneys is it your intention that they must make joint decisions or can some decisions be made by an individual attorney? You must make this clear when you are creating the EPA