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Enduring Power of Attorney

“Enduring” is a reference to the fact that the Power of Attorney endures the loss of capacity of the person who has granted it to someone. It can be drafted to come into effect when it is signed by the grantor or only upon the confirmation that they have lost capacity to make decisions about their affairs. A properly drafted Enduring Power of Attorney can save the cost of an application to have a Trustee appointed and subsequent reporting to the Court. It’s assumed that if the grantor chose the person to be their attorney, that the person must be trustworthy.

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