What John Keating & Associates can do for you?
- Advise on whether or not a power of attorney could assist in your circumstances.
- Draft a document that meets your particular needs and legal requirements.
- Advise you on the implications of the types of powers of attorney.
- Review an existing enduring power of attorney.
- Advise on the powers of the donor and the attorney.
- Act for you in a legal matter.
What is a power of attorney?
A power of attorney is a legal document authorising a person (your attorney) to act on your behalf. Appointing a power of attorney allows someone you trust to control your affairs when you are no longer in a position to do so. You should discuss your options with your lawyer as this is a position of great responsibility and careful thought should be given to whom you appoint.
There are a number of reasons to appoint a power of attorney:
- You may be going overseas.
- You may require hospitalisation and need someone to look after your financial or legal affairs.
- Dementia or mental illness may inhibit your decision making ability.
There are several types of power of attorney, the most common being:
- A general power of attorney
- An enduring power of attorney (financial)
- An enduring power of attorney (medical treatment)
- An enduring power of guardianship
Appointing an attorney
When appointing a power of attorney the donor is the person who gives the power of attorney to another. The donee or attorney is the person who is given the power of attorney.
Generally speaking, for a power of attorney to be valid the donor must be over 18 and understand:
- The nature of the document they are signing
- What powers are being granted to the attorney
- what powers the donor is retaining
- The options to cancel or change their attorney
The attorney (or donee) must be over 18 and agree to be your attorney.
- They must have legal capacity.
- They should be someone you trust.
- They should be someone who would look after you and your affairs the way you would look after them yourself.
- General Power of Attorney(Financial)
- Enduring Power of Attorney (Medical Treatment)
- Enduring Power of Guardianship
- Revoking a Power of Attorney