Enduring Powers of Attorney and Conflicts

Quite often people appoint a family member as their enduring power of attorney. It may be a spouse, a partner, or one of their children. Whilst this is common practice, it can create difficulties if you do not understand the restrictions that the law places on attorneys in respect of certain decisions.

If you were to become incapacitated, a family member can be restricted from using your share of the family home to buy a new property to help with your care if they are going to live in it. They may also be restricted from purchasing your assets, to keep them ‘in the family’, even if they have the means and desire to do so.

But the good news is that such conflict actions are not illegal where they are specifically authorised.

Through the careful drafting of an enduring power of attorney you can avoid such problems.