Understanding Your Power Of Attorney Options

Australia is fortunate that the NSW Powers of Attorney Act of 2003 defines the various procedures and protection associated with various recognised Powers Of Attorney (POA). The reality of today's world is that everyone should have some sort of Power Of Attorney. Depending on your circumstances you mat elect to have several different POA's naming different persons to handle specific concerns.

The immediate benefits of an executed Power of Attorney are that you and your loved ones can enjoy peace of mind that your affairs will be managed by a person of your choice. If you are traveling or ill, a power of attorney will enable a person you trust to make important decisions and sometime life-saving decisions.

Of course if life went the way we scripted it, these POA's would not be necessary. However, when it comes to your business, personal or medical concerns, you should have a primary and backup plan. The Power of Attorney allows you to be covered and in the long run can save you thousands of dollars in legal and court fees.

Now, it is easier than ever to execute a power of attorney. Reputable online providers can help you prepare and file the Power of Attorney of your choice. These are the three primary Power of Attorney Forms recognised by the Australian judicial system today.

Enduring Power of Attorney - An enduring power of attorney allows an individual of your choice to make decisions regarding your business, financial and personal matters. The enduring power of attorney can be structured to take effect immediately upon execution or at a time when you are disabled. Once the enduring power of attorney is enacted, your representative's signature acts as your own on legal documents, with banks or in other matters, such as real estate transactions.

Medical Power of Attorney - Te medical power fm attorney has become very commonplace. When you appoint a medical power of attorney, that person has the right to authorise treatment and make medical decisions on your behalf.

General Power of Attorney - When you are traveling or experiencing a temporary interruption to your routine that will make you unavailable, you can assign a general power of attorney. Under the terms of a general power of attorney, your representative can make decisions about your assets, your medical care or execute documents on your behalf.

Obviously, it is important to select a trustful person to hold your power of attorney. Selecting the right person is the key to easing the minds of your loved ones as difficult decisions are reached on your behalf.

All standards for proper issuance and execution of a Power of Attorney are reviewed by the Australian Guardianship and Administration Committee.

Considering an Enduring Power of Attorney?

As we plan for retirement, we should consider creating an Enduring Power of Attorney. Unlike a general Power of Attorney, an Enduring Power of Attorney continues to have effect after the Principal loses the ability to make responsible financial, personal or health decisions.

Usually when the Principal begins estate planning, an Enduring (or Protected) Power of Attorney is assigned. This decision assures ongoing financial, personal and health decisions by an attorney who represents the Principal’s best interests and prevents oversight of these matters by a court appointed individual who might be unaware of the Principal’s wishes.

To arrange for an Enduring Power of Attorney, the Principal must invoke the authority and have a certificate attached to the Power of Attorney and signed by a prescribed person, usually the solicitor, who prepares the document.

The certificate states that the Principal understands that the Enduring Power of Attorney will be in effect if the Principal loses legal capacity. The absence of such a statutory certificate would mean that the Power of Attorney would cease to operate once the Principal loses legal capacity.

In many ways, creating an Enduring Power of Attorney is like insurance against the possibility that during your lifetime you may lose the capacity to manage your own affairs. An Enduring Power of Attorney protects the Principal’s interests and the interests of the Principal’s heirs.
Granting an Enduring Power of Attorney does not transfer the decision-making authority in personal or medical matters.

Understanding the ramifications of appointing an Enduring Power of Attorney
Appointing an Enduring Power of Attorney is an important decision. When considering the appointment of a Power of Attorney, the Principal should discuss all relevant issues with a legal advisor, including the following:

• The choice of the person or persons to be appointed by the Power of Attorney - one or more can be appointed, as well as reserve Attorneys.
• The conditions or limits that should be placed on the grant of Power of Attorney and in what circumstances the Attorney should be free to make decisions?
• The circumstances under which a Power of Attorney would become ineffective such as if the Principal’s appointee declines the responsibility.
• When and how a grant of Power of Attorney can be cancelled or revoked.
• Any risks in the granting of a Power of Attorney?
• How the Principal arranges for third parties to accept a Power of Attorney.
  

Legal Documents Online provides a complete online Enduring Power of Attorney kit for both singles and couples.

The Power of Attorney

When managing our financial, personal and health affairs, there are many reasons we might wish to empower a representative to act on our behalf. Assignment of a power of attorney (POA) occurs when a legal document is drafted and executed and appoints an entity (the attorney) to act on the behalf of an individual (the principal) in all activity involving the property or financial matters of that principal.

The length of time the Power of Attorney is in effect is determined by the principal. The Principal can elect to authorise an attorney for either a very short, precise amount of time or for an extended period. Many people who travel extensively or who are undergoing extended medical care utilise a Power of Attorney.

Assignment of a Power of Attorney authorises an entity or individual to represent the principal in property and financial activities only. The Power of Attorney is not authorized to represent the Principal in personal or medical matters.

The general Power of Attorney is revoked when the Principal loses the ability to make financial decisions. Principals often authorise family members, friends or colleagues to serve with a general Power of Attorney.

LegalWill.com.au allows you to prepare both General & Enduring Power of Attorney authorisations online for any Principal over the age of eighteen.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a more comprehensive assignment with more diverse authority than a General Power of Attorney. Unlike a general power of attorney, the authority of an Enduring Power of Attorney continues in the event the principal loses the ability to make decisions for themselves. An Enduring Power of Attorney allows the representative to assign the authority to make financial, personal and health decisions to a representative of their choosing. An Enduring Power of Attorney provides ongoing management responsibilities when an unexpected disabling event occurs.

With an Enduring Power of Attorney, the principal can plan the actions the representative will perform on their behalf. The principal can nominate one or more attorneys and determine precisely when that authority to act commences. The principal can give the attorney or attorneys the authority to make any decision that the individual would normally make. The principal also has the ability to limit the actions of the Enduring Power of Attorney.
For example, a financial attorney is responsible for all financial matters including receiving income, paying bills, taxation and contractual matters, investment and financial planning, legal actions or property management. Actions of a financial attorney are specifically confined to financial matters.

Meanwhile, a personal or health care attorney can make important decisions like where the principal should live and how daily activities like diet and dress should be managed. The health care attorney would have the authority to make all decisions regarding the administration of health services or procedures.

When should an Enduring Power of Attorney be assigned?
An Enduring Power of Attorney should be assigned when a principal is over the age of eighteen and has the capacity to understand the nature and effect of the power you are bestowing upon your attorney.

What would happen without an attorney?
Depending on the principal’s circumstances, the problems created by a disability could be far-reaching and pose financial, personal and health concerns. Some financial matters may be handled on an informal basis but even these minor decisions can lack clarity and definition.
In the absence of an Enduring Power or Attorney, disagreements between family members can arise and necessitate an application to be made to the Guardianship and Administration Tribunal for the appointment of an administrator. By assigning an Enduring Power of Attorney, the principal can choose who will administer their financial, personal and health interests.

What are the attorney's responsibilities?
The duties of any appointed attorney that include:

• acting with honesty and care.
• recognising your right to confidentiality and dignity.
• taking into account your existing relationships, values and culture.
• respecting your views and wishes.
  

For financial attorneys:

• maintaining records of dealings and transactions.
• maintaining the principal’s property separate from the attorney’s unless it is jointly owned.
• Avoiding conflict transactions. A conflict transaction is where there is a conflict between the principal’s interests and the interests of the attorney.
  

For personal/health attorneys:

• considering the advice of your doctor or health care provider.
• ensuring that any decision contributes to promoting health and wellbeing.
• choosing the least intrusive treatment when there is a choice.
  

What to do if an attorney is not acting properly?
Anyone who suspects that the Power of Attorney is not being exercised properly can inform the Adult Guardian. The Adult Guardian has the power to protect the principal’s interests if the principal is disabled. The Attorney may be required to provide accounts and details regarding decisions that have been made. An Attorney who does not adequately protect the principal’s interests can be replaced.

What is a General Power of Attorney?

A general power of attorney is a legal document that allows a principal to nominate one or more attorneys to act on their behalf. The acting attorney's authority ceases when the principal loses the ability to manage his or hers own affairs.

Typically, a general power of attorney is used in commercial transactions to give the appointed representative specific authority in financial matters. Under a general power of attorney, the appointed representative cannot make personal or health decisions for the principal. Legal Documents Online can prepare a general power of attorney for any principal desiring to authorise a general power of attorney.

Life Goes On With an Enduring Power Of Attorney

We live longer. Because we do, our responsibilities live longer, right alongside us. Even if we are able to manage our responsibilities, there comes a time when it makes sense for someone else to step in and help.

When we are no longer able to administer to our important responsibilities, an enduring Power of Attorney gives us the assurance that we will not disappoint ourselves or those around us. Selecting an Enduring Power of Attorney assures us that our financial, health and personal matters will be administered by a person of our choosing.

While it is easy to overlook appointing an Enduring Power of Attorney, this decision establishes a responsible transition if the unexpected should occur. Of course, the key to the effectiveness of the Enduring Power of Attorney is our selection of the individual who will best represent our interests in a manner of our liking.

In today’s busy world, filled with travel and mobility, principals are selecting an Enduring Power of Attorney at early ages. Despite our best intentions, surprises happen and when they do we are better served by having an ongoing plan in place.

What we do not want is a court-appointed overseer or family squabbles. These unfortunate possibilities are easily eliminated with the selection of an Enduring Power of Attorney. If something unexpected did occur and we were unable to make important health, financial or personal decisions, the Enduring Power of Attorney will act in our best interests.

We have worked hard to get where we are. We must protect our achievements and protect ourselves. By selecting an Enduring Power of Attorney, we know that our affairs will be managed as we would wish.