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What are the formal requirements for an Enduring Power of Attorney?

April 26, 2017enduring formal power of attorney requirements

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What are the formal requirements for an Enduring Power of Attorney?

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An Enduring Power of Attorney must: · be in writing and dated, · be signed by the donor in the presence of a witness, · be signed by the witness in the presence of the donor, and · contain one of the following statements a. it is to continue notwithstanding any mental incapacity or infirmity of the donor that occurs after the execution of the Power of Attorney, or b. it is to take effect on the mental incapacity or infirmity of the donor. Enduring Powers of Attorney have only been in force since the enactment of the Powers of Attorney Act on June 25, 1991.