The Enduring Power of Attorney: Fine-tuning the Concept (1990)

Keywords: power of attorney; enduring; contingency; Power of Attorney Act; mental; incapacity; committee; instrument; guardianship; custody; springing; liability; termination; agent

A power of attorney is a document that allows one person to exercise the legal rights of another person in that person’s stead. An enduring power of attorney is a power of attorney that is intended to remain in effect even after the person who grants the power of attorney loses mental capacity. One of the prime concerns with the Power of Attorney Act is that an enduring power of attorney takes effect immediately rather than at the future time when its use is contemplated. This project looks into ways of overcoming this concern and recommends the implementation of a “springing power of attorney,” which would only take effect on the occurrence of a specified event.