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. An Enduring POA can also be limited to specific situations. Whereas a General POA would cease to be effective if the Donor loses mental capacity, an Enduring POA would start 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.

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.

FURTHER INFORMATION

This Information Outline is provided courtesy of Duncan Basheer Hannon Barristers & Solicitors who are experienced in this area of law. They are located at 66 Wright Street, Adelaide, SA 5000 or call them on (08) 8231-3668 if you would like more information on this legal topic, or you wish to obtain formal advice regarding your situation.

For more than 30 years Duncan Basheer Hannon have been fighting for South Australian workers and their families. Duncan Basheer Hannon Barristers & Solicitors know the law and can offer you friendly face-to-face advice at a free first interview. Their team of lawyers are down-to-earth people from different backgrounds. Duncan Basheer Hannon is a member of the Australia-wide PeopleLaw group.