Powers of Attorney
We prepare Enduring Powers of Attorney, an increasingly important requirement in many areas.
During the last few years Enduring Powers of Attorney have become increasingly important, especially for clients nearing retirement age. Before purchasing a unit in a retirement village, most village owners want to sight the residents Powers of Attorney.
We usually recommend that you have Enduring Powers of Attorney as to property and personal care and welfare. The property attorney (or attorneys) will be authorized to make decisions and sign documents relating to the personal assets ("property") of the person who appoints the attorney. The attorney for personal care & welfare makes decisions as to a person's health or wellbeing if they are no longer mentally capable of making them.
An attorney (or attorneys) for your property matters, unless specifically limited, has significant authority to make decisions relating to your property, including the power to access bank accounts and enter into legal contracts on your behalf.
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 them has become mentally incapacitated.
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 overseas.