Enduring Powers of Attorney / Substitute Decision Making

Do you need a Power of Attorney

Wills deal with your directions and wishes after your death - powers of attorney operate prior to your death and allow your Attorney to make decisions on your behalf in the event of certain circumstances.

Types of Powers of Attorney

• General Powers of Attorney
  • only valid while you have legal (mental) capacity;
  • usually apply for property and financial dealings only; 
  • Allows trusted person/s to legally act on your behalf if you are overseas (or otherwise are unavailable) to deal with certain financial transactions on your behalf in your absence;
  • such powers to be specific as to:-
    • whom you appoint;
    • details of the transaction/s to be signed on your behalf; and
    • the applicable time period for which the power has been granted.

Enduring Powers of Attorney :

• Apply when you are incapacitated and unable to make personal decision;
• Usually incorporate decisions regarding finance (as above) and personal life decisions and medical needs;
• Can apply when you no longer have legal capacity;
• You can also be specific as to the powers to be granted.

How can we Help?

• By discussing with you the necessity of having a Power of Attorney, particularly while you have the legal capacity to do so;
• By determining your requirements in respect of your financial situation, your health and life decisions;
• By assisting you with the selection of appropriate attorney/s and advising you of the legal responsibilities of appointed attorney/s.

Enquiries

Michelle Smee E:
Kim Twohill E: