Enduring Powers of Attorney

A Power of Attorney is a written authorisation to represent or act on another’s behalf in private affairs, business, or some other legal matter during that person’s life. The person authorising the other to act is the donor and the one authorised to act is the donee, or attorney. The attorney has a duty to act in your best interests and take prudent care in managing your affairs.

A Power of Attorney is valid only if you, the person giving the authority, have the capacity to deal with the matters yourself. This kind of power will commonly be given if, for example, you are planning a trip overseas or you are physically incapacitated.

Most people appoint a close friend, family member or lawyer as their attorney. The person to whom a Power of Attorney is given must be at least 20 years old, must not be a bankrupt, and must not be suffering from any legal incapacity. You can cancel a Power of Attorney at any time.

An Enduring Power of Attorney is a statutory document under which you appoint someone who will be able to make decisions and sign documents on your behalf. There are two types of Enduring Power of Attorneys – one is for your property and one is for your personal care and welfare. In them you can choose:

  • When they come into effect
  • Any special terms and conditions you want
  • Who your attorney must report to and consult with

Contact the team at Halliwells if you would like to give someone an Enduring Power of Attorney over your affairs.