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FAQ - Powers of Attorney

It depends on the type of ‘power of attorney’ document you sign.  A General Power of Attorney can act on your behalf in relation to property and financial matters.  The General Power of Attorney ceases to have effect when you lose capacity.  Under an Enduring Power of Attorney, you can appoint an attorney to make decisions in relation to financial and property matters, personal care matters and health care matters when you are of impaired decision making capacity.

Absolutely you can appoint more than one person to act as your attorney.  They can act together, separately, or in relation to different functions.

It is important to think about appointing the right person or people for the job and to consider the dynamic between people you choose to act together as your attorneys.  There are some people who are not eligible to be appointed.  For example, you cannot appoint an attorney who is under the age of eighteen, and you cannot appoint a person who is a bankrupt.  It is also important to think about substitute attorneys if your initial choice of attorney cannot perform the role or continue to perform the role.

No.  Your nominated attorney has to be willing to undertake the role.  The power of attorney document does not have effect until the nominated attorney signs the document to accept their appointment.

It depends on the type of ‘power of attorney’ document you sign.  Under an Enduring Power of Attorney you can nominate a trigger event for the attorney’s power to begin in relation to property matters.  You can nominate the power to take effect immediately, or from a certain date or event, or only when you are a person of impaired decision making capacity.  In relation to personal care and health care matters, your attorney’s power only begins if you become a person of impaired decision making capacity.

We have a fixed fee structure based on the complexity of your circumstances and whether the power of attorney documents are being prepared in conjunction with your will.

To obtain a fixed fee quote, select the ‘Request a quote’ button on the Wills and Estates service page and submit your completed form.  Alternatively, if you would like to speak with a team member, we are happy to answer your questions and provide you with a fixed fee quote.