What is a Power of Attorney?

A Power of Attorney is a document authorising a person to act on your behalf.

You can give a person power to act on your behalf in limited circumstances or give a person control over all of your affairs.

There are several types of Powers of Attorney including:-

* General Power of Attorney

Appoints a person generally to do what the donor can lawfully do i.e. withdraw money from bank accounts, sell real estate, etc. This Power of Attorney ceases upon the donor becoming incapable of making his or her own decisions.

*Enduring Power of Attorney

Appoints a person to make decisions about your property or financial affairs if you lose mental capacity (e.g. if you develop dementia, have a stroke or sustain a brain injury in a car accident).

If you do not have an Enduring Power of Attorney and you lose mental capacity, there may be no one with legal authority to manage your financial affairs.

An Enduring Power of Attorney cannot be used to make medical or lifestyle decisions for you. However, you can appoint an Enduring Guardian to make those decisions.

* Enduring Guardianship

This authority enables a person to make medical and lifestyle decisions on your behalf i.e. where you live, what health care you receive, what other personal services you are to receive.

Need for a Power of Attorney and Guardianship

The time to consider a Power of Attorney and appointing a Guardian is when you are healthy and in full control. A Power of Attorney and appointing a Guardian provides you with the convenience that someone can look after your affairs if you are overseas or if you wish to have someone else managing your day to day affairs but also gives you peace of mind by anticipating unforeseen circumstances.

If you have an accident, become ill, lose mobility or lose the ability to make decisions, through mental illness or dementia, someone you trust can take care of your affairs.

Most commonly an Enduring Power of Attorney and appointing a Guardian is used to cover situations when the donor loses capacity or the ability to handle their own affairs through ill health or age.

Revoking the appointment of an Attorney or Guardian

There are two ways in which a Revocation can occur: 

1. The Person who makes the Power of Attorney or Guardianship can revoke the authority at anytime however such person must have the capacity to authorise the revocation.
2. The Guardianship Tribunal can revoke the authority upon application by any person who in the opinion of the Tribunal has a special interest in the affairs of the subject person.

Why Instruct a Lawyer

Skinner & Associates, Solicitors, has extensive expertise in preparing Powers of Attorney and Appointments of Guardians.

We will:-

• Provide you and your Attorney / Guardian with advice regarding the different sorts of Powers of Attorney to adequately distinguish which Power of Attorney is appropriate for you;
• Advise on what circumstances your Power of Attorney and Appointment of Guardian can or cannot be used;
• Ensure your Power of Attorney and Appointment of Guardian is drawn and executed in the proper manner;
• Advise your Attorney and Guardian as to his/her duties and responsibilities;
• Provide secure storage of your Power of Attorney as a free service.