A 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.