Your Power of Attorney and Enduring Power of Attorney
A Power of Attorney is a legal document in which you appoint a trusted person to manage your assets and financial affairs while you are alive.
A Power of Attorney ceases to be effective when you die and your Will takes effect.
In some circumstances, a Power of Attorney is used for a specific purpose for example when you are travelling overseas and want to give your attorney access to your bank accounts to pay your bills or complete a property transaction.
Usually however, an Enduring Power of Attorney is in place to protect you should you become unwell and are no longer able to manage your own financial affairs.
Making a Power of Attorney does not mean that you will lose control over your financial affairs while you have the capacity. It simply gives your attorney formal authority to manage your financial affairs according to your instructions.
Your Power of Attorney can be revoked at any time provided you have the capacity to do so.
A Power of Attorney only deals with property and financial matters, and enables your attorney to sign legally binding documents on your behalf. It does not give someone the right to make decisions about your lifestyle, medical treatment or welfare. An Enduring Guardianship covers these decisions.
Your Enduring Guardianship
Your Enduring Guardianship is an important legal documents that allows you to appoint an enduring guardian to make health and lifestyle decisions on your behalf if your become unable to do so due to injury, illness or disability.
The appointment needs to occur when you have the capacity and you can appoint more than one enduring guardian if you wish and can choose which decision-making powers you want your enduring guardian to have.
Your enduring guardian must act within the principles of the Guardianship Act, which requires them to act in your best interests and within the law.
Will Questionnaire
Will Questionnaire
Power of Attorney Questionnaire
EPOA Questionnaire