Yes. Just like a will, an Enduring Power of Attorney needs to be regularly reviewed.
Why?
In 2007, the ACT Government comprehensively reviewed and changed the laws relating to powers of attorney.
Those changes had a significant impact on pre-existing powers of attorney and in some very limited situations even caused existing powers of attorney to be revoked.
If you have an enduring power of attorney which was made in 2007, I suggest that you review that document with me if you have not done so already.
Marriage and Civil Unions
Before 2007, the fact that a person married or entered a civil union had no impact on an enduring power of attorney. However, if you have married or entered a civil union after the new ACT legislation was enacted, your existing enduring power of attorney is revoked if it is in favour of anyone but your new spouse/partner.
Suitability of the appointed Attorney
It is very important to continually review the suitability of the person that you have appointed as your attorney.
You should also consider whether you wish to add people as attorneys.
The Duties and powers of people appointed as attorneys
It is most important to consider what powers and what limits apply to the actions that may be taken by attorneys when acting on your behalf.
If you wish to make a power of attorney or review your existing power of attorney, please contact Brian to discuss your needs by phoning 6140 3263 or email [email protected].