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what is a power of attorney?
A Power of Attorney gives someone you trust the right to make decisions for you even if you can’t make them yourself. You can authorise your Attorney to do any act you could lawfully do, such as pay your bills or negotiate a contract for the purchase of a home.
who should have an enduring power of attorney?
You might consider a Power of Attorney for a number of specific reasons, such as if you are travelling overseas, married or have a medical condition or you are just concerned that you may not be able to handle your affairs into the future.
Having an Enduring Power of Attorney can give you peace of mind that your affairs will be handled in a responsible manner by a trusted Attorney in difficult times.
what will my power of attorney be able to do?
The Power of Attorney may appoint your Attorney to look after your personal/health matters, your financial matters or both. However, there are some Special Health matters, such as the refusal of life sustaining measures including blood transfusions or life support, where your Attorney will not have the power to make decisions. These Special Health matters can be addressed by making an Advance Health Directive.
You can limit your Attorney’s power by inserting limitations or directions into your Power of Attorney document.
appointing your attorney
You should appoint someone you trust. Many people choose their spouse or an adult child, but you may prefer to appoint another family member or friend.
An Attorney must be over the age of eighteen (18) years, an Australian citizen and not a bankrupt or your paid health care provider.
You do not have to pay the person who you appoint as your Power of Attorney in order for the power to be effective.
There are certain people who cannot act as your Power of Attorney and your lawyer can provide you with further advice to ensure that the appointment of your Attorney is valid.
when does my enduring power of attorney commence or stop?
An appointment for personal/health matters only takes effect if and when you have lost the capacity to make decisions on your behalf. However, a power in relation to financial matters can commence at any time. You may choose to have it commence immediately, on a certain date, or when certain conditions are met, for example if a doctor certifies in writing that you are unable to attend to your own affairs or you leave the country.
revoking or changing your enduring power of attorney
You may revoke your Enduring Power of Attorney at any time provided that you are not mentally incapacitated. An Enduring Power of Attorney is automatically revoked on death.
There are various other things that may affect the validity of an appointment including, but not limited to, marriage, bankruptcy and divorce.
how to obtain your own enduring power of attorney
The requirements for executing an Enduring Power of Attorney are stringent and it is prudent for an Enduring Power of Attorney to be executed before a Lawyer.
If you would like to ask us to prepare your Enduring Power of Attorney then we suggest that you call us at our office to arrange an appointment with one of our lawyers. If you are unable to attend our office we can arrange to visit your premises. We can also send you an instruction sheet, if you are short on time, to reduce the length of any consultation.
We aim to prepare your Enduring Power of Attorney and have it signed during the one consultation.
what if my power of attorney was signed before 1998?
The enduring power of attorney introduced in 1990 was limited to dealing with a person’s financial affairs and did not empower the attorney to deal with other aspects of the principal’s life such as personal and health care decisions. Since 1998, the law allows us to draft the power of attorney much wider to cater for a much greater range of contingencies.
If you have an ‘old’ power of attorney, we suggest you update it.
