I want to plan for my future and one of the things I know I should consider is whether I appoint someone as an enduring power of attorney. I will eventually go to a lawyer but can you tell me what some of the main considerations are so that I am well prepared?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Neha Sharma, Hillsdale 2036 NSW
- The advice given by a lawyer will differ on case-by-case basis. You should therefore always discuss your particular needs with a specialist lawyer.
- A person who wants to create an enduring power of attorney is referred to as a donor. The person accepting the power of attorney is called an attorney.
- Generally the following matters are important to understand when considering the creation of an enduring power of attorney:
- you can specify, limit or restrict the powers that are given to the attorney; and
- you can specify when the enduring power of attorney starts and ends. It may be when you lose your mental capacity or at a specific time at which you authorise the donor and they accept. You must note that you can only revoke the enduring power of attorney if you have the mental capacity to do so.
- Subject to any restrictions listed in the document the attorney has the power to make any lawful decisions that you would otherwise have the power to make.
- Unlike an ordinary power of attorney an enduring power of attorney continues even when you lose your mental capacity.