Who Determines Whether I am Mentally Incapacitated Under a Standard Enduring Power of Attorney?
You may designate in your Enduring Power of Attorney a person or persons who can sign a written declaration declaring you to be mentally incapacitated. Once this declaration is signed, the Enduring Power of Attorney takes effect. Obviously, before you give such person or persons the power to determine whether you are mentally incapacitated, you want to be very sure that you trust that person to act in your best interests. Most people state in their Enduring Power of attorney that it will take effect only if two medical practitioners declare that they are mentally incapacitated. Do I Need a Lawyer to Prepare an Enduring Power of Attorney? When you are signing any important legal document, such as an Enduring Power of Attorney, it makes good sense to consult with your lawyer, even though the law does not require it. Your lawyer should review with you the reasons you want an Enduring Power of Attorney and discuss whether or not it should have special provisions. You should also discuss wi
