A Power of Attorney is a legal document that allows someone to choose another person who can make decisions for them in the event that they are unable to make decisions for themselves.
The two main types of Powers of Attorney are an Enduring Power of Attorney and a General Power of Attorney. Each type of Power of Attorney serves a useful but different purpose and we recommend you contact Tetlow Legal to discuss your particular circumstances so that we can advise you as to the most suitable for your needs.
Enduring Power of Attorney
An Enduring Power of Attorney is useful if you are planning for the future. This document is designed to continue even when a person is unable to make decisions for themselves, for example, as a result of accident or illness.
An Enduring Power of Attorney continues even after you have lost capacity to make a decision and may last up until an individual’s death at which time the Executor appointed under a person’s Will takes responsibility for all decisions associated with the administration of the deceased’s estate.
The Attorney is generally empowered to make a range of lifestyle decisions including such things as where you live and what health care and other services are provided to you. If you lose the capacity to make these decisions for yourself at some time in the future, your Attorney is generally able to step in and make those decisions for you.
General Power of Attorney
A General Power of Attorney does not last indefinitely and is generally issued for a set period of time and for a set purpose. For example, if you are buying a home and will be overseas at the time the sale is finalised, you may give someone a General Power of Attorney to finalise the sale on your behalf. In that example, the General Power of Attorney will end as soon as the sale is finalised.
It is always sensible to plan ahead not just for the expected end of life events but even things as simple as traveling overseas for an extended period of time which may mean you need someone to keep an eye on things for you back at home.
As an Attorney, it is important that you fully understand both the effect of the appointment and the responsibilities that come with being appointed.
Our team of specialist lawyers has considerable experience in assisting our clients with these important life decisions and is able to work with you to compassionately and clearly explain your options and prepare all necessary paperwork to ensure that any appointments are well thought out, clear and legally valid.