Incapacity planning
Appoint someone you trust to protect your interests if you ever lose capacity.
Taking control of who makes decisions for you
What is an enduring power of attorney?
An enduring power of attorney is a legal document in which you appoint a person (called your attorney) to make financial and legal decisions on your behalf. The ‘enduring’ element means the appointment continues to be effective even if you lose mental capacity. This is the critical distinction: an ordinary power of attorney ceases when you lose capacity, which is exactly when you need the protection most. An enduring power of attorney can be drawn broadly to cover all financial and legal matters, or limited to specific transactions or circumstances. It is one of the most important documents you can put in place as part of a comprehensive estate and incapacity plan.
What happens if I lose capacity without an enduring power of attorney?
What is the difference between an enduring power of attorney and enduring guardianship?
Can I limit what my attorney or guardian can do?
Protect your interests from government interference
Ensure continuity across your business and financial life
Give your family certainty
Ready to protect your future?
Who will make decisions for you if you cannot make them yourself?
- We will advise on who to appoint as your attorney and guardian.
- We will prepare enduring powers of attorney for financial and legal decisions.
- We will prepare enduring guardianship documents for personal and medical decisions.
- We will advise on the scope of powers and any appropriate limitations.
- We will ensure your appointments are aligned with your broader estate plan.
The world should not rest entirely on your shoulders.
You are someone other people depend on – for financial decisions, for business continuity, for the stability of your household. Right now, that is not a problem. But you know that the absence of proper incapacity planning is not just a theoretical risk – it is a certainty that, without action, will one day create a crisis for the people who rely on you.
An accident or sudden illness, and suddenly no one has legal authority to access your accounts, continue your business operations, or make medical decisions on your behalf. Your family is left scrambling, applying to a government tribunal, and potentially watching strangers make the most important decisions about your life.
What's included in your incapacity planning service
- Enduring power of attorney preparation.
- Enduring guardianship preparation.
- Advice on scope of powers and limitations.
- Estate plan integration.
Leaving things to chance is not an option.
When someone loses mental capacity without having made enduring power of attorney and guardianship appointments, the consequences for their family are immediate and significant.
A spouse cannot access joint bank accounts if the other account holder is incapacitated and no authority is in place. A business partner cannot execute contracts on behalf of an incapacitated director without proper documentation. Medical decisions that should be made by the person closest to the individual are instead made by clinicians following protocol, or referred to a government guardian.
Applications to the relevant tribunal take time, cost money, and may not result in the appointment of the person the individual would have chosen. By the time the authority is granted, the damage is often already done.
How we protect your future decision-making
We take the time to understand your specific circumstances – your family structure, your business interests, the complexity of your financial affairs, and the decisions that would need to be made if you could not make them yourself.
We advise on who should be appointed for which role, what powers they should hold, and whether any limitations or conditions on those powers make sense for your situation. We prepare enduring powers of attorney, enduring guardianship, and any other instruments needed to ensure continuity across your personal, financial, and business life.
By the time the documents are executed, the people you trust have the authority to act the moment it is needed – without delay, without a government application, and without uncertainty.
Three steps to protecting your future decision-making.
Discuss your circumstances
We take time to understand your family structure, business interests, and what decisions would need to be made if you became incapacitated.
Advise on your appointments
We advise on who should hold what authority, what powers they should have, and whether any limitations make sense for your situation.
Prepare and execute
We prepare enduring powers of attorney, enduring guardianship, and any other instruments needed to ensure continuity across your personal and financial life.
Experienced estate planning lawyers ready to protect your future.
We understand how critical your decisions are to the ongoing stability of your family and your business – and we understand that you want those decisions to continue to be made by people who know your circumstances, your values, and what you would actually want. Not by a government official who has never met you.
We have helped business owners and investors put in place comprehensive and robust incapacity planning arrangements across a wide range of personal, financial, and business circumstances. Our lawyers include Accredited Specialists in Business Law and Fellows of the Society of Trust and Estate Practitioners.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
