Enduring Power of Attorney

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(08) 6389-0305

The information contained on this website cannot be regarded as legal advice. Although all care has been taken in preparing the information provided on this website, readers must not alter their position or refrain from doing so in reliance on this website.

Where necessary advice should be sought from competent legal practitioners.The authors and O’Sullivan Law do not accept or undertake any duty of care relating to any part of the information provided on this website.

Commercial-Law.jpgWe can provide advice in many areas of commercial law.

This includes commercial property leases, as well as leases under the Commercial Tenancy (Retail Shops) Agreements Act. We are also on hand if you require advice if there has been a breach of lease.

Another aspect of commercial law includes loan agreements and mortgages. We can provide advice on loan deeds, documentation of family arrangements, and secured loans using mortgages, caveats and charges

We also provide advice relating to franchising and real estate conveyancing. This includes transfer of land, strata titles, drafting or reviewing contracts for the sale of land and breach of contract.

Power-of-Attorney.jpgA person (the “donor”) may appoint someone (the “donee”) to act as their attorney to look after the donor’s affairs in the event of the donor becoming unable to manage their own affairs.

An advance appointment is made by the donor, however, the appointment does not have to become effective until such time the donor becomes mentally or physically incapacitated. In that case, the appointment does not become effective until the State Administrative Tribunal declares that the donor does not have legal capacity.

Alternatively, it is possible for an Enduring Power of Attorney to come into effect immediately. It will then continue should the donor lose capacity.

The benefit of having an enduring power of attorney is the reassurance that, in the event of an individual becoming incapacitated, they know who will look after their affairs. Appointing an enduring power attorney is a good precaution to take, along with a Will, that can help put into action your wishes.

The donee once appointed must exercise their power with reasonable diligence to protect the interest of the donor. The donor is also under an obligation to keep and preserve accurate records and accounts that relate to the donor. If the donor ever requires assistance in exercising their duties, they can seek directions from the State Administrative Tribunal.

We can provide assistance and advice in preparing the required document in order to validly appoint an attorney.


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18 Stirling Hwy
Nedlands, WA 6009
(08) 6389-0305