Powers of Attorney

Frequently Asked Questions

Powers of Attorney are very important documents which appoint a person or people to make decisions on your behalf during your lifetime, if you are unable to do so, on your own behalf.

  1. An Enduring Power of Attorney (Financial and Personal) endures after you lose capacity. It enables your Attorney to manage your finances and decide where you live if you are unable to make these decisions for yourself. You can have more than one Attorney acting jointly or severally or by a majority if there are more than two.  
  2. A General Power of Attorney is made for specific transactions or circumstances. This Power will cease to have affect when you lose capacity to make your own decisions;
  3. A Company Power of Attorney will nominate who is to replace you as a Director if you lose the capacity to make decisions for the running a Company.
  4. An Appointment of Medical Treatment Decision Maker appoints the people who will make medical decisions for you, if you are unable to make these decisions for yourself – there is also the possibility of making an Advance Care Directive which will direct your Attorney and your doctors as to what you would like to be done, if you are unable to tell them.

Can I have different people as my Financial and Personal Attorneys?

Yes. An Enduring Financial and Personal Power of Attorney can be tailored to your needs and can operate in certain specified circumstances.

When does an Enduring Power of Attorney commence?

When you stipulate – for example, it can commence immediately, or when your Attorney decides you are unable to manage your affairs, or when a Medical Practitioner has certified that you are unable to do so.

Questions? Ask our Estate Planning team.

Jason Lau
Partner
Commercial
,
Estate Planning
Accredited Specialist in Wills & Estates Law
,
,
Madelaine Pelser
Partner
Deceased Estates
,
Eldercare
,
,
Annabel Tee
Lawyer
Estate Planning
,
Deceased Estates
,
Mandarin
,
03 9870 9870