Many people plan ahead and appoint a person to manage their financial affairs and make financial decisions on their behalf.

This decision involves preparation of a document to allow such actions to be taken. You may ask your lawyer to prepare either a general power of attorney or an enduring power of attorney.

A general power of attorney is made so that you appoint a trusted friend, or family member or your accountant or your lawyer to make financial decisions on your behalf. You may wish to buy or sell property or pay the bills or you cannot physically get to the bank to operate your own accounts.

This appointment could be for a specific reason or for a limited time or on a long term basis.

For example:

  • You may be absent from your home overseas or interstate, or
  • You may be unwell, or
  • You may simply wish that another person should make those financial decisions and perhaps sign documents on your behalf.

An enduring power of attorney appoints someone to begin − or continue − to make decisions for a person when they no longer have the capacity to make their own decisions about their financial affairs such if they suffer from dementia. A general power of attorney will not continue if you lose capacity unless this is stated in the document and the document is properly made as an enduring power of attorney.

By instructing a lawyer to prepare an enduring power of attorney you eliminate the need for your friends or family members having to seek orders from the NCAT Guardianship Division that you are no longer capable of making decisions and require a guardian to be appointed to take over your affairs.

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      Power of Attorney FAQs 

      What is a Power of Attorney?

      A Power of Attorney is a legal document that allows someone to make financial or legal decisions on your behalf if you are unable or unavailable to do so.

      What is the difference between a general and an enduring Power of Attorney?

      A general Power of Attorney is temporary or for specific tasks, while an enduring Power of Attorney continues to operate even if you lose capacity to make decisions.

      Who can I appoint as my attorney?

      You can appoint a trusted family member, friend, accountant, or lawyer to act as your attorney, depending on the responsibilities you wish to delegate.

      When should I consider a Power of Attorney?

      A Power of Attorney is useful if you are unwell, overseas, incapacitated, or simply want someone else to manage financial or legal matters on your behalf.

      What decisions can a Power of Attorney make?

      An attorney can handle tasks such as paying bills, managing bank accounts, buying or selling property and signing documents as authorised in the document.

      Why is an enduring Power of Attorney important?

      An enduring Power of Attorney ensures your chosen person can continue to make decisions if you lose capacity, avoiding the need for a court-appointed guardian or administrator.

      How do I create a Power of Attorney?

      You create a Power of Attorney by consulting a lawyer who will draft the document to reflect your wishes and ensure it is legally valid.

      Can a Power of Attorney be limited in time or scope?

      Yes. You can limit a Power of Attorney to specific tasks, time periods, or circumstances, depending on your needs and preferences. 

      When does a Power of Attorney cease?

      A general Power of Attorney ends when the purpose is complete or you lose capacity, while an enduring Power of Attorney continues until revoked or you pass away.

      Can a lawyer act as my Power of Attorney?

      Yes, a lawyer can be appointed as your attorney, especially for complex financial or legal matters, ensuring professional management of your affairs.