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A Power of Attorney is a document appointing a person (called an "attorney") to act on behalf of another person, who grants the power (called the "donor") during the donor's lifetime.
The purpose of a Power of Attorney 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 conditions or limitations stated in the document.
Why Make a Power of Attorney?
A Power of Attorney enables a donor'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.
Powers 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 for the donor.
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 can only be made by a person whilst they are still capable of making those legal and financial decisions for themselves.
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.
Appointing an Enduring Guardian differs from appointing an Enduring Power of Attorney. An Enduring Power of Attorney handles a person's financial affairs, whereas an Enduring Guardian handles personal decisions, such as living arrangements, personal services, leisure activities, and consenting or refusing to 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.
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 or 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.
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