Powers Of Attorney
During the last few years, the importance of having Enduring Powers Of Attorney has become apparent. Before purchasing a unit in a retirement village, most village owners want to sight the residents powers of attorney.
It is recommended that you have powers of attorney as to property and personal care and welfare. The property attorney (there can be two) will be authorized to make decisions and sign documents relating to the property of the person who appoints the attorney. The appointment of a property attorney can be immediately effective, or can only operate in the event of the person who appoints the attorney becoming mentally incapacitated. An attorney as to personal care and welfare can only act as an attorney if the person appointing has become mentally incapacitated.
Increasingly younger people are signing powers of attorney. If you do become mentally incapacitated or lose your legal capacity, without having powers of attorney in place, your family members or a person caring for you would be required to apply to the court to have a property manager and or a welfare guardian appointed for you.
The person appointing the attorney has to have received independent legal advice from a lawyer (or legal executive) who is independent of the attorney. We have an arrangement with another legal firm so that this advice can be provided for a fairly low fee.
In addition to Enduring Powers Of Attorney we also prepare Power Of Attorney documents for people who may, for example, need to appoint an attorney to deal with their property while they are out of the country.