A Power of Attorney is a document that legally gives authority to another to look after your financial and legal affairs. Once appointed, the person you appoint can sign all documents on your behalf, and effectively “stands in your shoes”, making all decisions that you would otherwise be required to make. There Are Two Types of Powers of Attorney:
1. Enduring Power of Attorney (Financial)
An Enduring Power of Attorney (Financial) is used in case you suffer an accident, sudden illness or disability, offering security that someone will look after your financial and legal affairs.
You must make such a Power while you are still capable of making legal and financial decisions for yourself. Thereafter, if you become incapable of such decisions, your appointed person can manage your financial affairs and make legal decisions on your behalf, except make your Will.
These Powers of Attorney are for long term security, and if you lose the capacity to make decisions, will continue until your
demise. However, the Guardianship and Administration Board may overrule the Power if in its view the Attorney is not acting in your best interests.
2. Enduring Power of Attorney (Medical Treatment)
This is similar to an Enduring Power of Attorney (Financial), except the attorney is required to make decisions about your physical health as opposed to your financial and legal affairs. This Power authorises your appointed person to authorise medical treatment, such as an operation, when you are not in a position to make that decision or give that consent yourself. To activate this Power, you must be either unconscious or otherwise incompetent.
Should you wish our firm to prepare a Power of Attorney for you, please click on the Instruction Sheet link below, complete the form and return it to our office. Upon receipt we will draft the document and forward it to you for your perusal and further discussion.
With combined experience amounting to over 50 years the team at JH Legal can assist with a full range of family law services.
Wills and Probate
At JH Legal we don’t just prepare a Will, Power of Attorney and associated documents for you, we sit down with you to discuss your own personal situation.
Contact us (03) 9889 7141 or submit an online legal enquiry
To enquire about our Camberwell Conveyancing services please click on the link below.