Powers of Attorney
The following information is not be taken as legal advice and you should always seek legal advice that takes into account your personal circumstances. This article is for general advice only and aims to educate you with what you can do when you are unable to make a decision or sign a form? The solution is a Power of Attorney. This is a legal authorisation from you that allows another person to act on your behalf.
Types and uses
There are a number of different types of Powers of Attorney that can be used in different situations.
Under a General Power of Attorney you appoint someone to act for a specific period of time, or for a specific purpose. For example, if you are taking an extended trip overseas, you can appoint someone to look after your affairs at home. Or you may appoint an attorney to settle a property purchase for you. About the only things your Attorneys can’t do is to make a Will or enter into a contract of marriage on your behalf.
A General Power of Attorney lapses if you lose mental capacity.
An Enduring Power of Attorney can be used at any time, but it has the advantage that if you lose the capacity to make decisions for yourself your Attorney will be able to do so. Enduring Powers of Attorney can cover your financial affairs, or, with an Enduring Power of Guardianship, your nominee can make decisions regarding lifestyle issues such as where you live.
In many states, Enduring Powers of Attorney (Medical Treatment) may also be implemented. These can help you ensure that your wishes in relation to medical treatment will be taken into account if you are unable to express those instructions yourself.
Appointing and revoking Attorney
Although the person you appoint as your Attorney has a legal obligation to act in your best interests, it is obviously important that you trust your nominee and are confident that they understand and will respect your wishes. In many cases you can appoint joint Attorneys, and even stipulate that they must agree on any decision.
Most people appoint a spouse, partner, adult child or other trusted family member as their Attorney. In some cases, professionals such as an accountant or lawyer may fill the role.
A Power of Attorney is revoked simply by telling your nominee that they are no longer your Attorney. It also makes sense to destroy the original and all copies of the Power of Attorney form.
Establishing a Power of Attorney
Enduring Powers of Attorney will often be prepared by a lawyer at the same time as Wills are made. Power of Attorney forms can also be obtained from legal stationers or downloaded from the websites of relevant state government authorities.
As disability can occur at any time, everyone should consider implementing an Enduring Power of Attorney. The rules vary from state to state, and depending on the type and scope of the Power of Attorney, it is usually advisable to seek legal advice.
Sources:
Power of Attorney – www.justice.vic.gov.au
What is a Power of Attorney? – www.pt.nsw.gov.au
http://www.publicadvocate.vic.gov.au/Publications/Powers-of-attorney.html