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Enduring Powers of Attorney

An enduring power of attorney is someone who can make personal, healthcare or financial decisions on your behalf while you are still alive.

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Enduring Powers of Attorney

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Assisting you with the enduring power of attorney document

Before you appoint an enduring power of attorney, you should first understand what this means. An enduring power of attorney is appointed via a legal document that allows the individual creating the document to appoint a person or persons to make decisions on their behalf while they are still alive. We can assist you in creating this document that will consider the future interests of you and your family.

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Explaining the implications of appointing an enduring power of attorney

An enduring power of attorney document lists one or several individuals to make decisions on your behalf in relation to personal, healthcare or financial matters if you are unable to make the decisions for yourself. We can explain the implications that may arise if you do have an enduring power of attorney and how this may impact you.

Dispute Resolution

Helping you appoint an attorney

Deciding who is the right person to be your attorney can be a difficult or overwhelming decision. Anyone over the age of 18 who is not a paid carer can be appointed an attorney. A lawyer can help you select an appropriate person to appoint as your attorney who you believe will serve the best interests of you and your family.

Helping the attorney understand their rights

If you are noted as an enduring power of attorney and you are unsure of your rights, we can help. We will provide you with the detailed information on what is expected of you throughout the process.

Frequently asked questions

Any individual older than 18 can be an attorney, as long as they are not a paid carer. There can be more than one attorney elected, and the rules about how the power is applied is also listed in the enduring power of attorney document. For example, decisions may need to be made by popular vote if there is more than one attorney, or one attorney may be given complete authority to make decisions without consulting the other attorneys.
A power of attorney authorises an individual to make legally binding decisions on your behalf regarding your assets such as property, bank accounts and investments, however does not authorise the individual to make decision regarding your lifestyle or health. A power of attorney expires if you lose your mental capability to make your own decisions. An enduring power of attorney does not expire if you lose mental capacity and also authorises an individual to make decisions about your lifestyle or health.
Who you select as your attorney is your choice. It may be your spouse, a de facto partner, another family member, a friend, a lawyer, an accountant or a trustee company, however some things you may like to consider are:

- Is the individual older than age 18?
- Can I trust the individual to act in my best interests?
- Would the individual be willing to take on the responsibility?
- Would the individual be able to deal with my estate, such as financial and property matters?
- Is the individual able to keep track of all records and transactions made under the enduring power of attorney document?
- Does the individual live close enough to be able to carry out their responsibilities under the enduring power of attorney?
- Could the individual you choose as your attorney create family conflict?
- Are there any restrictions or conditions to be placed upon your attorney?
The individual who created the enduring power of attorney document (the donor) gets to decide whether the enduring power of attorney will come into effect straight away or only in the event that they lose the capacity to make their own decisions.
The attorney’s authority depends on the terms of the power of attorney document. However, their broad duty is to manage the donor’s financial and property affairs in their best interests. However, the attorney does not have the right to:

- Make a will on the donor’s behalf;
- Handle the property held in trust by the donor;
- Act as a director or secretary on behalf of the donor; or
- Act illegally.
As long as the donor still has full legal capacity, they are able to revoke their enduring power of attorney at any time, however they should inform their attorney, preferably in writing, and keep a copy of this written revocation.
Your role as an attorney will end after the donor’s death. Once this occurs, the requirements of the donor’s will will take over. You are expected to secure the donor’s estate and hand over any relevant documents to the executor of the will. However, if you are also the executor, your role now is finalising and distributing the donor’s estate, rather than acting as the attorney.

Easy, Online Forms

Complete these online forms prior to meeting our lawyers to cut your time and cost in half!

Online Wills Online Enduring Powers of Attorney

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We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through all aspects of wills and estates.

Forge Legal’s family lawyers are specialists in all areas of family law and can assist you with all legal matters of wills and estates.

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