Power of Attorney

Teece Hodgson & Wards lawyers are experts in these matters and will capably advise and guide you through your options and any issues relating to powers of attorney.

A power of attorney is an effective tool to provide for another person or persons to look after your financial affairs while you are alive but unable to attend to matters yourself. This could be, for example, if you are travelling overseas. For a power of attorney to “endure”, it must be in a prescribed form and witnessed by a prescribed person.

A power of attorney can be in very general terms or can be for a specific purpose or for a specific time period.

A standard power of attorney only operates while you are able to give directions to your attorney.

An enduring power of attorney continues to be effective even if you lose capacity to give directions to your attorney. For example, you would lose capacity if you suffer a stroke or are unconscious in hospital after an accident. An enduring power of attorney should be prepared by a solicitor. It should be explained to you in detail before you sign it.

Most financial planners, financial advisers and solicitors recommend that you consider creating an enduring power of attorney at the same time as you have your will prepared.

Guardianship

An enduring guardian appointment enables you to make a person of your choice your guardian. Your guardian makes lifestyle decisions when you become incapable. These include where you live, home care and other services.

In addition, your guardian can give medical and dental consents for your treatment.

For legal advice and assistance from experts, contact:

 

Richard Neal

Deborah Linwood

John Maitland

Lynn Beeston

 

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Power of Attorney FAQs

Who can obtain a copy of a power of attorney?