Enduring Power of Attorney

Enduring Power of Attorney

If you were unable to speak for yourself, who would you want to speak for you?

And more importantly, what financial decisions would you want them to make?

A professionally drafted Enduring Power of Attorney will give you that voice and allow you to be heard in the event of a medical incident.

Please contact us to get the link to the online EPOA form on 8278 1779. We need to assess if it is suitable for your circumstances.

Details

power of attorney is a document that gives a person (called either the donneeattorney or appointee) the power to act on behalf of the person or company who gives the power (called the donorprincipal or appointor). The major Act that regulates general and enduring powers of attorney in South Australia is the Powers of Attorney and Agency Act 1984 (SA).

Appointing a person as an attorney is giving them the authority to deal with the donor’s financial affairs . It does not give the attorney the authority to deal with other personal areas of the donor’s life, such as health care, residential and accommodation arrangements, and lifestyle matters. That is a different document called an Advanced Care Directive

Options

We have added extensively to the entirely empty default form to set out in plain English options for :

  • additional appointments
  • cascading appointments. ie your spouse, but if not then a child
  • when the document becomes effective (now or only if you become incapacitated ?)
  • any limitations (none, or just specific powers?)

We always provide the person with a draft to discuss with their appointees. These are documents that are sensitive and powerful. As such, we believe it is important that people have had time to discuss these wishes with their family before executing documents.

More information regard Enduring Power of Attorney can be found at the Legal Services Commission of South Australia

While it is not necessary to have an Enduring Power of Attorney drafted by a lawyer, most people will discuss this with us as part of their Estate Planning in conjunction with their Will and Advanced Care Directive