What is a Power of Attorney and why is it important to have one?

Power of Attorney is the legal authority for someone else (or trustee organisation) to conduct your financial and legal affairs on your behalf.

A Power of Attorney has two types: general and enduring. General Powers of Attorney lapse automatically if the person granting the Attorney loses capacity. ‘Enduring’ means that the power continues, even if the grantor of the Attorney loses the capacity to make decisions.

Although contemplating your future about your potential incapacity to make decisions is far from pleasant, it is very important. For example, you could be overseas and cannot sign a document because you unexpectantly are mentally capable of making decisions. Or you could become ill and not have the capacity to make decisions about your healthcare treatment.

Appointing someone you trust to be Power of Attorney for you, to make decisions on your behalf gives you the choice. You choose who will be that person making the decisions in case you are unable to make decisions about matters that concern you. You can appoint more than one Attorney who can act jointly (together), as a majority (two-thirds, etc) or severally.

Power of Attorney FAQs:

  • What type of decisions can a power of Attorney make? Decisions about personal/health matters and/or financial matters.
  • What if there are decisions, I don’t want a Power of Attorney to make? You can limit the decisions or specify decisions that you do not want your Power of Attorney to make.

Let’s start a conversation…

If you would like to speak with one of our friendly team members, please contact us.

Did you know that we also provide Conveyancing services…

We take care of all the legal and conveyancing matters so you can enter your contract with confidence knowing that everything is in order.
Our team also ensure your rights and interests are protected by advising you of any Capital Gains Tax or GST implications.

Appointing your Power of Attorney:

  • Often this procedure is conducted at the same time as creating or updating your Will.
  • Our friendly team will outline the options and framework for your legal document that legally certifies your Power of Attorney.
  • You can appoint more than one person to be your Power of Attorney.
  • Our team will check if there are any specific decisions that you would not like this Power of Attorney to make on your behalf. This will be included within the documentation.
  • Our Solicitors will advise if having an ‘Enduring’ Power of Attorney is right for you or not.

Do you have another enquiry? We welcome your call.

For professional advice and assistance with public notary requirements, speak with our friendly team.

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Michael has been my family Solicitor for 30 years. My family and I have used his services in a number of ways – Sale and purchase of properties; Purchase and sale of businesses; Preparation of Wills and Powers of Attorney; Successful recovery of unpaid monies on sale of a car by a family member. I have always found Michael to be very thorough, knowledgeable and very comfortable to deal with. I highly value the services he continues to provide.

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