Powers of Attorney and Enduring Guardianship Documents

What is a Power of Attorney (“POA”)? 

A POA is a legal document which allows you to appoint another person (commonly known as “your attorney”) to sign documents and make legally binding decisions in relation to your day to day business and personal affairs.


What is a General Power of Attorney and what is an Enduring Power of Attorney?

A General Power of Attorney allows your attorney to attend to your everyday business and personal needs while you remain of sound mind and are mentally competent. An example of this would be if you were going away on a holiday and needed somebody to sign documents on your behalf for a limited period. An Enduring Power of Attorney will remain in force until revoked even if you become of unsound mind and mentally incapacitated. These are very common between husband and wives and partners to allow them to make financial and property decisions on your behalf. You are able to restrict the types of decisions an attorney can make on your behalf in the document. In both cases the General Power of Attorney and Enduring Power of Attorney cease to be of effect on your death.


Who should I consider to have as my attorney? 

This needs to be a person over the age of 18 years and from our experience should be a person that you can greatly trust.


What is an Enduring Guardianship document?

An Enduring Guardianship document allows your attorney to make medical decisions on your behalf such as where you live and what treatment you may receive. They are quite common amongst our ageing population and allow husbands and wives or family members to make serious medical decisions such as whether a life-support system should be turned off when acting in accordance with medical advice.