Enduring Powers of Attorney

Your Will determines what happens after you have died. Your Enduring Power of Attorney provides for you during your lifetime by allowing someone you trust to make decisions as to your financial affairs.

An Enduring Power of Attorney is a very powerful document. We will assist you to:

  • Understand how it can, and should, be used
  • Tailor it to suit your needs

FAQs

  • What is a "Power of Attorney"?

    A Power of Attorney is a document whereby you give someone the power to do, on your behalf, anything that you may lawfully authorise an attorney to do. This is very general and covers such things as signing cheques, withdrawing money from bank accounts, depositing money into bank accounts, buying or selling shares, buying or selling real estate, entering into legal agreements and so on. However, a Power of Attorney cannot be used to delegate to another person your responsibility as a Director or other officer of a company, or as a Trustee of a trust (including any role as executor of an estate).

  • What does it mean if it is an "Enduring Power of Attorney"?

    An enduring Power of Attorney is a Power of Attorney that continues to be effective, even though after you have signed it, you might lose mental capacity (such as by being in a coma, suffering memory loss, dementia and so on). The benefit of your Power of Attorney being enduring is that your attorney can continue to look after your financial affairs, even though you may not be aware of what is happening.

  • Should I register my Power of Attorney?

    A Power of Attorney essentially only needs to be registered for the purpose of dealing with real estate (whether buying, selling, leasing, mortgaging or otherwise dealing with the title to property). Where the Power of Attorney is only going to be used for dealing with, say, bank accounts or shares, registration is, generally, not necessary.

  • Can a Power of Attorney be revoked?

    A Power of Attorney can be revoked in three instances:

    • Express revocation. This means that you may tell the Donee of your Power of Attorney that the Power of Attorney is revoked and the Power of Attorney will then be immediately revoked. The difficulty of using only a verbal communication to revoke a Power of Attorney is being able to prove it at a later stage if a dispute arose. It is for this reason, we always recommend that revocation be in writing and, of course, communicated to the Donee of the Power of Attorney.
    • Death. The Power of Attorney dies with the Donor. From date of death onwards, the financial affairs of the Donor are governed principally by the Will of the Donor.
    • Overriding legislation. There have been many instances where the Donee has abused the authority under the Power of Attorney. Accordingly, legislation exists to permit the revocation of the Power of Attorney where that abuse or misuse of the authority occurs.