An Enduring Power of Attorney is similar to a Power of Attorney, however it continues to operate after the principal loses mental capacity and consequently is incapable of managing his or her own affairs. A Power of Attorney is a legal document which gives authority to another person (known as the attorney) to make certain financial decisions and sign certain documents on behalf of the donor. Powers of attorney can grant extremely wide and discretionary powers to the attorney. Quality and experienced advice from a Probate Lawyer or Estate Solicitor is crucial if you intend to grant a power of attorney or are asked to act as an attorney. Our Power of Attorney Lawyers have extensive experience preparing and registering deeds of powers of attorney.
There are certain drafting and execution requirements for an Enduring Power of Attorney to be valid. There are different formal requirements stipulated by law, in addition it requires a ‘prescribed witness’ which may be a barrister, registrar or solicitor, to witness the execution of the document. In addition, there is a certificate that needs to be prepared and executed which verifies that the principal understood the effect of the Enduring Power of Attorney. A Wills and Estates solicitor may be able to review and consider your situation and facilitate the preparation, execution and registration (if necessary) of any Enduring Power of Attorney document.
One feature of an Enduring Power of Attorney is that the attorney can assume office in a variety of ways. This can be once they accept their appointment, once medical opinion deems capacity has been lost or once the attorneys form the view that the Principal is unable to continue to manage their affairs. Decisions of the attorney when acting on behalf of the appointer are taken to be decisions of the appointer (although there are circumstances where this is not the case, for example where the attorney acts outside their powers).
Obtaining quality and holistic legal advice from a Wills and Estates Solicitor is essential if you intend to appoint an enduring attorney or if you are asked to act as an attorney. Further to offering the ability to prepare a power of attorney on your behalf, we also offer free and secure storage of wills, powers of attorney and enduring guardianships.
Arrange a consultation with one of our experienced Wills and Estates Solicitor if you have any enquiries relating to an Enduring Power of Attorney. Please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a Wills matter, you should make an appointment to see one of our Lawyers in one of the following locations:
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