Mediation and Enduring Power of Attorney Problems that may arise

A lot of Enduring Power of Attorneys never need to be put into use as the people who make them are well able to look after their own affairs until the date of their death.  It is when the person who made the Enduring Power of Attorney (EPA) can no longer look after their affairs that the attorney(s) take over.  Issues can arise when attorneys are looking after a person’s affairs and have found that mediation (which is non-judgmental and independent) can be a very useful and inexpensive tool in helping to solve any issues that may arise.  It allows each side to tell their story and hear the other person(s) views and lead to a win-win situation on both sides.  Issues can arise in situations where the mother or father always gave sums of money to each grandchildren or their own children on their birthday, or Christmas.  Now that they are unable to look after their own affairs the attorney, (who may be the daughter or son, niece, nephew) wants to continue the habit of giving the grandchildren and other family members monetary presents on their parents behalf.  Other members of the family may feel this is totally inappropriate and the elder persons money should be kept intact.  This is the type of issue which is very suitable for mediation.

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