What is Power of Attorney and How Does It Work?


As a citizen of Western Australia, there are two types of Powers of Attorney which you may enter into. The two types of powers of attorney are General Power of Attorney and Enduring Power of Attorney. In a nutshell, the power of attorney or the POA is a legal document that consents an individual or an organization to appoint a person to handle your affairs if you are unavailable to perform such affairs. However, not all powers of attorney give the same effect and controls to the attorney-in-fact. The attorney-in-fact is the person designated to make decisions on your behalf.

The General Power of Attorney

The general power of attorney gives your attorney-in-fact wide-ranging powers to act on your behalf. These may include the powers in handling business and financial transactions, getting life insurance on your behalf, setting claims, hiring professional help, running business interests, and making gifts on your behalf. The general power of attorney is a valuable and effective tool if you will not be there to handle matters personally (ie. out of the country), or when you are mentally or/and physically incapable to make decisions and manage your affairs. Often, a general power of attorney is included in estate planning to ensure that there is someone to handle financial matters. For further information about the extent of the power of the general power of attorney and how it works you may ask a lawyer in cananing vale.

The Enduring Power of Attorney

Enduring power of attorney is a binding and legal document that allows another person the legal power to issue a financial and property decisions on behalf of the other person. The enduring power of attorney, however, does not encompass personal, treatment and lifestyle decision.  Enduring power of attorney can granted to anyone who is of legal age (18 and above) and has a full legal capacity.
If a person has acquired a brain injury, dementia, cognitive impairment or if its mental capacity is in question due to mental illness, one cannot give an enduring power of attorney. Once an enduring power of attorney is issued the attorney can continue to act on donor’s behalf even when then donor loses full legal. To revoke to enduring power of attorney, the donor must have the full legal capacity to do so, and it recommended the cancellation or revocation of the power is made in writing. If the donor loses its full legal capacity and there is a need to revoke the enduring power of attorney you need to apply in the State Administrative Tribunal for revocation. For further information about enduring power of attorney may ask a lawyer in cananing vale to explain to you salient points and how an enduring power of attorney works.

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