An Enduring Power of Attorney is nothing but a legal document where someone you trust will be legally authorised to decide on your behalf. Appointing an enduring power of attorney is considered an important aspect of planning for your future.
When you’re healthy and fit, you might sometimes take the ability to make your own decisions for granted.
But we never know when something might happen that will take your autonomy away, either temporarily or permanently. Enduring power of attorney comes in handy in such situations, and our expert lawyers will guide you through the entire process.
It will provide a person with the power to make important financial and property decisions for you.
Few of the common duties carried out by the person you choose include
- Managing your bank accounts and the money.
- Renting out, selling, or managing your home.
- Paying your bills.
- Finding you a new and more appropriate home.
- Signing certain documents on your behalf.
The powers of this person will endure if you are ever in a situation where you can no longer understand or make your own decisions. This might happen when you have met with an accident or fallen ill or if you are overseas and can’t be reached.
You will have to create separate documentation if you want the same person to handle your medical decisions.
When Can You Appoint an Enduring Power of Attorney?
You can create a legally binding Power of Attorney when you are:
- 18 years old or over
- You have a sound and capable mind
This means that you should complete the documentation process when you are competent and can understand what you are doing.
You should be aware that you can appoint an enduring power of attorney only for yourself. And you should do it while you have complete mental capacity.
If you lose your capacity before appointing an enduring power of attorney, then one of the two things will happen to keep your best interest in mind and to ensure human rights are protected.
- Your close family member or spouse can apply for a Guardianship tribunal or equivalent to become your financial decision-maker.
The Guardianship Tribunal will choose an administrator or guardian if they feel that your close family member is not fit for the role.
Property Laws Related to Enduring Power of Attorney
- With conveyancing, there is a clear application of enduring power of attorney in property law.
- Under the 1994 Land Title Act, all the enduring power of attorney used in conveyancing must be registered.
- As a principal, you will have to specify the restrictions that you wish to impose on the person appointed as the attorney in respect to dealing with properties.
- When you have registered the enduring power of attorney, the Registrar of Titles will accept the documents logged by the appointed attorney as if they were lodged by you.
- The enduring power of attorney will have the right to effectively stand in the shoes of the principal and make decisions.
It is highly recommended to make an informed legal decision over choosing an enduring power of attorney as this could greatly impact your personal financial decisions.
Can You Revoke an Enduring Power of Attorney?
As long as you are mentally fit to do it, you can revoke an enduring power of attorney whenever you want. What seems confusing and complicated is easy to our well trained and certified team of lawyers.
Why Choose Us
Enduring power of attorney is a crucial and risky document that you create. The entire effort and outcomes of your life’s work will fall into the hands of the person that you appoint as your attorney.
Hence, you will need the guidance and legal advice of an expert lawyer to complete the process.
- We will help you completely understand the outcomes of giving someone the power to take financial and property decisions on your behalf.
- We will help you include and exclude the correct vocabulary to ensure that your wishes are projected clearly and are followed without a doubt in your absence.
- We will ensure that there is no room for any ambiguity that could be challenged in the court by your family, friends, or your close relatives.
Call us on 0415 835 733 or write to us at fitlawyers.au@gmail.com to talk to our team of expert lawyers in Brisbane.