A Power of Attorney is a document appointing a person to act on behalf of another person (the donor), who grants the power for a specific period or event. Using Power of Attorney, that person can make decisions that have the same legal force as if you had made them yourself.
The purpose of a Power of Attorney document is to provide written proof of the attorney's powers. It allows the attorney to sign any document or do anything which the donor can legally perform, subject to any limitations stated in the document.
Why Make a Power of Attorney?
A Power of Attorney enables someone's affairs to be managed by a person of their choice when they are unable to conduct them personally, such as if they are ill, travelling overseas or become mentally incapacitated.
Power of Attorney may be used for almost any purpose, including authorising the attorney to collect debts, vote at meetings, operate a bank account or to carry out any other function which can be lawfully delegated.
If a person is unable to manage his or her own legal and financial affairs due to mental incapacity and does not have a valid Power of Attorney, it may be necessary for a State appointed Trustee to make those decisions.
Enduring Power of Attorney.
An Enduring Power of Attorney authorises an attorney to make property and financial decisions for the donor, which continues to have effect even if the donor becomes mentally incapacitated at a later date.
This appointment of Enduring Power of Attorney can only be made by a person whilst they are still capable of making those legal and financial decisions for themselves. You need to understand the nature and effect of an Enduring Power of Attorney including the contents of the document, the consequences of preparing it and when the power begins.
The Enduring Power of Attorney must be signed while a person still has legal capacity. It will remain effective even though they may subsequently suffer loss of capacity due to disability or illness.
Enduring Guardianship differs from an Enduring Power of Attorney. An Enduring Power of Attorney handles a person's financial affairs, whereas an Enduring Guardianship includes making personal decisions, such as living arrangements, personal services, leisure activities, and consenting to or refusing medical or dental treatment.
Enduring Guardianship allows you to legally appoint a substitute decision-maker of your choice, rather than a State appointed guardian, to make lifestyle and health care decisions on your behalf, if you lose the capacity to make such decisions at some time in the future.
Your Enduring Guardianship agreement should also take into account the views of professionals and other people who are important to you at the time. The Enduring Guardianship will only come into effect while you lack the capacity to make your own decisions. The guardian’s authority continues while you are incapacitated.
This website is dedicated to helping you find a Probate Lawyer or Solicitor located near you to advise you on, and prepare your Power of Attorney, Enduring Power of Attorney or Enduring Guardianship document, and participate in its formal execution in accordance with the strict requirements of the law.
Most of our Probate Lawyers and Solicitors give short, free legal advice on first telephone contact.