Personal law
Power of attorney
Power of attorney lawyers
A power of attorney is a written authorisation to represent or act on someone’s behalf in their personal and property affairs and care and welfare matters. The person authorising the other is the donor and the one authorised to act is the donee, or attorney.
The attorney has a duty to act in your best interests and take care in managing your affairs.
A power of attorney is valid only if you, the person giving the authority, have capacity to deal with the matters yourself at the time you make it. It Is commonly used if you are overseas or if you are physically incapacitated.
Most people appoint a family member or close friend as their attorney. The person appointed must be at least 20 years old and have legal capacity but cannot be bankrupt.
You can cancel a power of attorney by revoking it in writing at any time and notifying your attorney.
If you become mentally incapable the power of attorney may be void unless you provide for it to continue in those circumstances.
There are two types of enduring powers of attorney
One is for your property and one is for your personal care and welfare. In them you can specify:
- When they come into effect
- Any special terms and conditions you want
- Who your attorney must report to and consult with
