| Powers of Attorney |
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What is a Power of Attorney (POA)
What is a Power of Attorney (POA)?
A POA is a legal document where you (the principal) authorise another adult to act on your behalf in your affairs. This person is known as your "attorney". This Australian term should not be confused with the American term "attorney" which basically means "solicitor".
The authority you give to your attorney can be general or specific, depending on your needs.
What is an Enduring Power of Attorney (POA)?
In Queensland, the Powers of Attorney Act 1998 allows Queenslanders to nominate attorney to act on their behalf with regards to financial and certain health matters.
An Enduring POA for financial matters comes into effect on the date or event (eg incapacity) you elect and continues to operate even when you lose capacity to make decisions. Your attorney can deal with your financial affairs at the same time as yourself unless you specify otherwise. For personal and health matters, your Power of Attorney comes into effect on the date of incapacity.
Advantages of having an 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.
Appointing a POA
Your appointed attorney must be an adult (at least 18 years old). It is important to choose someone you trust who is capable of looking after your affairs – this may be a relative or a friend. Depending on the circumstances, you may wish to appoint more than one attorney.
Types of POA
Both an individual and a company can give POA.
Some common types of POA include :
- POA to sign specific documents; and
- General enduring POA (individuals).
How to register your POA
Different jurisdictions have different rules regarding registration of POAs. For instance, in Queensland, if you want your attorney to have the power to deal with real property, the POA must be registered with the Department of Natural Resources. A government registration fee will apply.
In all other situations, a POA may be registered.
If your POA is registered, then it will not cease to authorise the attorney to do anything relevant to the purposes for which it was registered until an instrument revoking the POA has been registered.
HOW TO WRITE A POA in Queensland – with the help of AussieLaw POA Legal Kit !
Even though a POA is a very important document, writing a POA can be a simple and quick procedure. The AussieLaw POA Legal Kit provides you with all of the documents and procedures to enable you to write a POA in your own home.
Once you have decided to write you own POA using the AussieLaw POA Legal Kit, you should ensure that you do the following.
- Make sure you sign the POA in the manner set out in the instructions contained in the AussieLaw POA Legal Kit.
- You should let the person or persons you have appointed attorney know of their appointment and tell them where the original and / or copy (registered at the Department of Natural Resources if required) POA is located.
- You may choose to make a number of copies of the POA and store them in easily accessible locations so that it can be easily found.
- Arrange, if necessary, for registration of the POA.
- Take time to reconsider your POA from time to time.
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