Enduring Power of Attorney
There are two types of Enduring Powers of Attorney:
1. Personal Care & Welfare
This allows your attorney to act in relation to your personal care and welfare only once you have lost your mental capacity. You can only appoint one attorney at a time in relation to your personal care and welfare.
This relates to all your property not just "land" or "real estate" which you may own. You can appoint more than one attorney in relation to your property to act jointly (ie together) or severally (ie one attorney can act on their own at any time).
WHEN DOES IT TAKE EFFECT?
You can choose when the Enduring Power of Attorney is to take effect:
- Only if and when you lose your mental capacity; or
- Immediately. This is before you lose your mental capacity and would continue on in the event you became incapacitated. In effect, your Enduring Power of Attorney would act like an ordinary Power of Attorney.
WHAT CAN THE ATTORNEY DO?
In relation to both types you can choose whether:
- Your attorney acts generally in relation to your personal care and welfare and property; and
- To limit what your attorney can do on your behalf. You can limit what property and what matters relating to your personal care and welfare you wish your attorney to have authority to act in relation to. You can also impose conditions and restrictions on what your attorney can do.
It is important you understand if you give a general power to your Attorney:
- Your attorney is able to assume complete authority over your affairs; and
- Your attorney will in general be able to do anything with your property which you yourself could do.
It is very important you choose your attorney carefully and it is someone who is responsible and whom you can trust.
You can bring your Enduring Power of Attorney to an end at any time provided you have not lost your mental capacity. Once you have lost your mental capacity, your Enduring Power of Attorney can only come to an end by order of the Court.
If you need assistance with any Enduring Power of Attorney, please contact DG Law on 09 574 5316