Live life on your terms

A power of attorney can give you peace-of-mind that your affairs are managed when you are unable to do so.

What is a power of attorney?

In simple terms, it is a formal document enabling you to give another person (generally known as an ‘attorney’) the authority to make decisions on your behalf.

You will be legally bound by any decision made by your attorney. It is critical you appoint someone trusted who will act in your best interests. You may only validly appoint an attorney when you have capacity to do so. Power of attorney legislation is different in every State and Territory so it is imperative you seek expert advice when preparing your powers.

Reasons for powers of attorney

You can put in place someone trusted as your attorney to manage certain aspects of your affairs ─ for example financial, medical treatment, or personal matters ─ in the event that, through illness or accident, you lose the ability to make decisions yourself.

Types of powers of attorney

Enduring powers of attorney

  • assist with your day-to-day finances
  • manage your bills
  • manage your property
  • decide where you live and who you live with
  • arrange for your tax returns to be completed
  • make decisions about your care and welfare, including your health care

Medical enduring powers of attorney

  • consent to or refuse medical treatment on your behalf
  • only act if you are unable to make your own decisions about treatment

Non-enduring powers of attorney

  • financial matters only
  • act only between have fixed start and end dates (for example, while you are overseas)

Your attorney can not

  • vote for you
  • make decisions about the care of your children
  • make (or revoke) your will
  • make (or revoke) an enduring power
  • consent to a marriage or the dissolution of a marriage
  • make decisions about adopting a child/enter into surrogacy arrangements
  • manage your estate after your passing
  • consent to an unlawful act

When to prepare powers of attorney

You should prepare your enduring powers of attorney when you are healthy, aware and in control so you can live your life on your terms. By planning ahead of time, you know you can rely on having an attorney in place to step in and help you manage your affairs when you need it most.

Don’t leave your future to chance. If you have any questions related to powers of attorney make an enquiry here and one of our friendly team will answer your query.