What is an enduring power of attorney?

An enduring power of attorney is a legal document that permits you to nominate someone you trust to make financial decisions on your behalf if you become mentally or physically incapable of doing so yourself.

It is the most common type of power of attorney made these days because it lasts even if you, the person giving the power of attorney, suffer unsoundness of mind.

Normally a basic POA would become invalid as soon as you suffer loss of capacity through unsoundness of mind. This is a protection given automatically by the law. If you suffer loss of legal capacity, you cannot cancel a POA you have given, so the law does it for you.

However, most people give an enduring power of attorney so that it continues to be valid after the point in time of unsoundness of mind. Such a power requires special wording, and the law requires that it must be explained to you by your lawyer before you sign.