Powers of Attorney

With a Power of Attorney you appoint an individual you trust, known as the attorney, to manage your legal and financial affairs during your lifetime. There are two types of powers of attorney, general and enduring.

A general power of attorney is commonly used for particular transactions or to cover set periods of time when you are absent due to travel. It cannot be used when you lose mental capacity.

An enduring power of attorney continues to be effective after you lose mental capacity.

Who Should I Appoint?

It is very important that you appoint an adult that you completely trust to act as your attorney as they will be making important decisions for you.

It is very important that you appoint an adult that you completely trust to act as your enduring guardian/medical attorney as they will be making important decisions for you.

When should I make these appointments?

Appointing an attorney can only occur when you have mental capacity to do so. Therefore it’s a good idea to make these nominations while you are fit and healthy.

Appointing an enduring guardian/medical attorney can only occur when you have mental capacity to do so. Therefore it’s a good idea to make these nominations while you are fit and healthy.

What happens if I lose mental capacity and I have not appointed an attorney?

If you lose mental capacity and you have not appointed an attorney, an individual or organisation (such as the Public Trustee) may be appointed in these roles by the Supreme Court or the Civil and Administrative Tribunal in each State or Territory. The person or organisation selected may not be who you would have chosen for this role.

Take control and decide who will be making these important decisions for you.