General Power of Attorney

A General POA is provided by the Donor to an Attorney or Attorneys and gives them the authority to perform certain tasks on behalf of the Donor. The authority can be limited to specific tasks such as accessing your bank account, or it can provide the Attorney(s) with the authority to handle all your affairs in the event that something unexpected happens to you. A typical example of the use of a General POA would be when people travelled overseas.

You may wish to consider including an expiry date in this type of POA.

Enduring Power of Attorney

As in the case of a General POA, an Enduring POA gives the Attorney(s) the authority to perform certain tasks on behalf of the Donor. Whereas a General POA would cease to be effective if the Donor loses mental capacity, an Enduring POA, as the name suggests, would continue to be effective in this event. This is the most important distinction between the two types of POAs and careful consideration should be given to which type best suits your particular situation.

A typical example of the use of an Enduring POA is where the Donor is an elderly person who wishes to have a relative or close friend look after their affairs in the event that they suffer a stroke or other potentially mentally debilitating event. As well as the obvious advantage of having your attorney take care of paying bills and handling your affairs, it can also help avoid the expense of applications to the Protective jurisdiction of the Supreme Court and the ongoing cost of administration when dealing with the Court.

Enduring Power of Attorney (Medical Treatment)

Whereas an Enduring POA is limited to financial arrangements, an Enduring POA (Medical Treatment) allows your appointed Attorney (or agent) or alternate Attorney to make decisions about medical treatment on your behalf when you are unable to do so.

Medical treatment means an operation, the giving of medicine or drugs or any other medical procedure, but it does NOT include treatment which would relieve pain, suffering and discomfort or the provision of food and water.

Advantages of having a Power of Attorney

Knowing that you have a properly appointed attorney can give you peace of mind when you:

• go interstate or overseas for an extended period of time;

• suffer poor physical and / or mental health; or

• reach an age when you anticipate you will need greater assistance.

D.I.Y. Legal Kit

AussieLegal has available a legal kit which allows you to create your own Power of Attorney without the need to see a solicitor. The kit for Victoria provides for a General POA, an Enduring POA and also an Enduring POA (Medical Treatment). Click on the link above to read more.