10.15 Enduring Power of Attorney for Finance & Property.doc (5 pages)

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This power of attorney appoints an agent to manage all of the grantor’s patrimonial or property affairs. It becomes operative when a panel of two doctors determines that the grantor is unable to make his/her own decisions. The power of attorney eliminates the necessity of the court appointment of a curator bonis (a person appointed by the High Court to take charge of the property and affairs of an incapable patient). The grantor and agent must sign in full at the bottom of each page. In the absence in the power of attorney of any provision for a fee for the agent, it is suggested that the agent be a family member or close friend. If immovable property is involved it is safer to have a special power of Attorney drafted by a conveyancer along the lines of Form 6.15 in the section dealing with immovable property.