POWERS OF ATTORNEY

Powers of Attorney for A.C.T. & N.S.W residents

A Power of Attorney is a document by which a person or company ('donor') appoints another person or company (the 'Attorney') to act for

the donor generally in all affairs or

for a particular period or

for a particular purpose.

Each Australian State and Territory has its own laws in relation to Powers of Attorney. The Commonwealth does not have laws in this regard.

An Attorney is an agent for the donor of the Power. Consequently an Attorney is subject to the donor's direction.

A donor may give notice to the Attorney terminating the authority to act. Death automatically brings an Attorney's authority to an end.

The most recent changes to Powers of Attorney provide for "Enduring Powers" which enable an Attorney to act even when a donor is incapacitated eg. in coma. Enduring Powers are now in wide use.

Anyone in business or who is 'an older citizen' should appoint an Attorney. The Attorney does not have to act continuously for them, but can simply be there as a 'backstop'. It is very easy to make a Power. The documents are publicly available from Public Trustees and we will be more than happy to send you a draft.

This link will provide you a free sample of an ACT Enduring Power of Attorney.

The "Next" page will go into more detail about Powers and the reasons why you should consider making a Power of Attorney.

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