Powers of Attorney

Key Points

  •  Appointing or changing your ‘Power of Attorney’, can only be done while you still have the ‘decision making capacity’ to do so.
  •  There are a number of different types of ‘Power of Attorney’ including differences between each State and Territory.
  •  All types of ‘Power of Attorney’ cease to have any legal validity once you have passed away.
  •  After your death, your ‘Last Will & Testament’ (if you have one) will be used to legally appoint your ‘Executor’

What is a ‘Power of Attorney’?

The person who appoints an Attorney ‘donates’ their power to make certain decisions to their nominated Attorney. The ‘Attorney’ is chosen and appointed by the Donor when the Donor still has the mental capacity to understand the consequences of their actions. The ‘Attorney’…

What are your Personal Circumstances?

For example, if you’re overseas for a while and unable to manage your financial and legal affairs at home, you may appoint someone trustworthy to manage these affairs for you, on a temporary basis only. If planning for your long term future, in…

What types of ‘Power’ are there?

In general, across Australia there are six main types of ‘Powers’ in use, although not all are applicable within each State or Territory: Type of ‘Power’ Purpose General Power of Attorney This is a legal document that involves formally giving someone else the…

Why would I give someone this ‘Power’?

We suggest that everyone have an Enduring Power of Guardianship, and depending on your State or Territory, an Advance Care Directive. Having such legal documents provides protection and peace of mind, and ensures that decisions can be made that deal with your personal…

What is a ‘Living Will’?

Your ‘Last Will and Testament’, for example, is used to appoint your ‘Executor’, outline your preferred funeral arrangements and distribute your ‘estate’. You cannot use your ‘Last Will and Testament’ to give directions about what should happen to you when you are terminally…

Guardianship and Administration

If there are no valid or relevant ‘Power of Attorney’ documents, and there are concerns that a patient with impaired decision-making capacity may make detrimental decisions or be neglected or exploited. In such circumstances, an application can be made to the relevant court…

Useful Links – Various ‘Powers of Attorney’

Useful links for Various ‘Powers of Attorney’: Please note that these links may be subject to change over time. We recommend that everyone becomes familiar with the legal processes and documents within your particular State or Territory: ASIC MoneySmart website Life Events Over…