Enduring Powers of Attorney
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a. Restrictions on the attorney’s authority

One important aspect of an EPA is that no general authority over the donor’s property and financial affairs will be given to the attorney.  The authority must be specified in adequate detail. For the same reason, the donor may include restrictions on the attorney’s authority in the EPA. Both Form 1 and Form 2 expressly address the donor: “You may include any restrictions you like on the authority you give to your attorney.  For example, you may include a restriction that your attorney must not act on your behalf until your attorney has reason to believe that you are becoming mentally incapable, or that your attorney must not enter into a contract without first seeking legal advice if its value exceeds a specified amount.” 

This mechanism offers more flexibility and freedom to the donor when creating the EPA, so that he/she can retain a certain extent of control over his/her property and financial affairs.

Note that if the donor does not intend to impose any restrictions on the attorney’s authority, the donor must delete the relevant section in the prescribed form(s).  The donor cannot simply leave that section blank.

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