An enduring power of attorney (EPA) simply allows the attorney to make “personal care decisions” on the donor’s behalf once he/she is no longer fully mentally capable of taking decisions themselves.
Personal care decisions may include deciding where and with whom the donor will live, who he/she should see or not see and what training or rehabilitation he/she should get. However, if the donor wants, he/she can specifically exclude any of these powers when setting up the power of attorney or can make the attorney’s powers subject to any reasonable conditions and restrictions.
The procedure for executing the enduring power of attorney is complex and requires the involvement of a solicitor and a doctor.
An EPA is in effect a dormant document, acting as a safeguard and only to be used in the event of an inability to make decisions for oneself – it can only come into effect when certain procedures have been gone through and the courts have a general supervisory role in the implementation of the power