A Power of Attorney form is a legal document where you give someone else the power to handle your affairs. They come in two types – General and Enduring.

General Powers of Attorney

These are used mainly for Companies as they have limited provisions for personal application. A General Power of Attorney ceases if you become mentally incapable of handling your affairs. For example, if you suffer a stroke and in a coma. However, if you have an Enduring Power of Attorney this continues even if you are incapable of handling your own affairs.

Enduring Powers of Attorneys

These can only be used by natural persons. You use an EPA to appoint another trusted person to handle your financial matters and/or your personal and health care matters.

The Powers of Attorney Act enables you to specify what areas the attorney can act for you in and when the power is to commence. You can use the form to give clear instructions to your attorney in acting on your behalf.

To make any Power of Attorney you need to be over the age of 18 years old and be capable of understanding the nature and effect of the power that you are conferring upon your attorney. It is a good idea to grant a Power of Attorney whilst you have the capacity to do so because once you have lost the capacity you can not appoint an attorney.

You may also consider appointing an attorney if you will be away on a trip for extended periods of time and if you expect to be admitted to hospital in the near future or if you have a condition that is likely to affect your decision-making abilities.

You should choose carefully whom you appoint to be your attorney as they will have a great deal of power over your affairs. The person cannot be bankrupt or your paid carer (this does not include somebody on a government carer’s pension).

You can specify when the EPA commences. If you do not specify then the EPA will commence immediately upon signing for financial matters. For personal/health matters your attorney can make decisions only after you lose the ability to make such decisions and to communicate these decisions yourself.

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If you have any questions or would like to speak with a GLG Legal Springfield (former Springfield Legal Service) representative regarding our service, please contact us today.

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Frequently Asked Questions

  • A Power of Attorney is a legal document that allows you to appoint someone you trust to make financial and legal decisions on your behalf. This can be useful if you become unwell, are travelling, or simply want someone to help manage your affairs. Without one in place, it may be difficult for loved ones to assist you if something unexpected happens. A Power of Attorney (POA) is a legal document used to appoint someone you trust to act as a financial and legal decision maker on your behalf. They can help if you become unwell, are travelling, or simply want someone else to manage your affairs. Without a POA, it can be difficult for loved ones to help if something unexpected happens.
  • The best person to appoint is someone you trust implicitly to act in your best interests. This could be a spouse, adult child, close friend, or professional adviser. They should be organised, financially responsible, and willing to take on the role. It’s generally recommended to choose someone who you trust to act reliably in your interests. It could be your spouse, adult child, close friend or a professional adviser. The person acting as your POA should be organised, financially responsible, and willing.
  • A general Power of Attorney is usually used for short-term purposes and stops operating if you lose decision-making capacity. An enduring Power of Attorney continues to operate if you lose capacity, making it essential for long-term planning and aged care decisions. A General Power of Attorney is commonly used for short periods and is no longer valid if you lose decision-making capacity. An Enduring Power of Attorney continues to operate if you lose capacity, it’s essential for long-term and aged care decision making.
  • Yes, if properly authorised, a Power of Attorney can sell property, manage finances, and access bank accounts on your behalf. However, they must always act in your best interests and within the limits set out in the legal document. Yes, a Power of Attorney can sell property, manage finances and access bank accounts, if properly authorised. They are required to always act in your best interests and within the limits that have been set.
  • In Queensland, a Power of Attorney must be completed using the approved forms and signed in front of a qualified witness, such as a solicitor. The cost varies depending on the complexity of your situation. At Springfield Legals, we offer clear fixed-fee packages to give you confidence and clarity from the start. To create a Power of Attorney in Queensland, it must be completed using the approved forms and signed in front of a qualified witness, such as a solicitor. The cost can vary, it depends on how complex your situation is. At GLG Legal Springfield, we offer clear fixed-packages, so that you have the confidence to make the right move, according to your circumstances.

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