What's happening?
A power of attorney is a legal document appointing someone to make financial and legal decisions on your behalf. An enduring power of attorney continues to operate even if you later lose the capacity to make decisions yourself, which is why many people put one in place well before it may ever be needed.
What could it mean for me?
- Without an enduring power of attorney, family members may need to apply to a tribunal to manage your affairs if you lose capacity
- An attorney has significant power over your financial affairs, so the choice of attorney matters
- You can place limits or conditions on when and how the power operates
- A power of attorney can generally be revoked while you have capacity to do so
What are my options?
- Appoint one or more attorneys, with conditions if desired
- Specify when the power comes into effect, such as immediately or only if you lose capacity
- Consider appointing an alternative attorney in case your first choice is unable to act
What happens next?
- We discuss who you wish to appoint and any conditions you want included
- The power of attorney document is prepared
- The document is signed and witnessed in accordance with legal requirements
- We advise on registration or storage if relevant to your circumstances
How can MGE Lawyers help?
We prepare powers of attorney tailored to your circumstances, explaining the scope of authority being granted before you sign.
We can also advise family members on the responsibilities involved in acting as an attorney for someone else.