Powers of Attorney

Every person needs a Power of Attorney. It is possible to appoint an attorney or joint attorneys who must act jointly. Obviously, the person or persons being appointed Power of Attorney must be someone who is trusted by you. The general rule is that an attorney may make any lawful decision which a principal can authorise an attorney to make. In Queensland that is governed by the Powers of Attorney Act 1998 Qld.

The powers granted to an attorney can be for health matters, financial matters or both. However, it is important to realise that once you have granted a Power of Attorney, the attorney may act on that grant in relation to the powers given by that grant whether or not you have authorised it. That is why your attorney or attorneys should be a person or people trusted by you. It is often useful to have a professional advisor such as an accountant or a lawyer as one of the attorneys. If there are joint attorneys, if you appoint a single accountant or lawyer as your attorney, you may be charged a proper professional fee for the work they have to undertake should they need to exercise their powers.

If you have an ordinary Power of Attorney, the powers delegated by it cease to exist should you become incapacitated and aren’t able to make decisions for yourself.

It is for that reason that the legislation has created an Enduring Power of Attorney. This means the attorney or attorneys appointed under the Enduring Power of Attorney can continue to act, notwithstanding the fact that you have become incapacitated or lack mental capacity.

Solicitors fees to draw Powers of Attorney are quite modest and are well worth the investment for the peace of mind that the Power of Attorney will give you regarding the management of your affairs.

Contact Rita Derek of this firm who does Powers of Attorney starting from $185 including GST.

Posted in: Derek Legal Blog at 23 January 19