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ABOUT POWERS OF ATTORNEY

ENDURING POWERS OF ATTORNEY FOR EVERY STATE

As the legislation governing powers of attorney is state based, and each state has specific types of powers of attorney available and specific requirements that have to be met for them to be effective, it is crucial your enduring power of attorney is prepared correctly.

Topdocs, through our associated legal practice Topdocs Legal, has compiled a complete suite of enduring powers of attorney, which includes every enduring power of attorney available for each individual state and territory for you to order.

In addition, we also provide documentation to appoint enduring guardians and to make advanced care / health directives.

Included in your document package will be:

  • The relevant Power of Attorney / Appointment of Enduring Guardian / Advanced Care / Health Directive
  • Instructions for the donor / principal (the person making the appointment)
  • Instructions for the attorney / guardian (the person being appointed)
  • Instructions for the witness(es), including a list of people who can witness the documentation

WHAT IS AN ENDURING POWER OF ATTORNEY?

An enduring power of attorney is a legal document that enables you to nominate another person(s) or entity to manage your financial and/or legal affairs while you are alive, in certain circumstances.

The appointment of an enduring guardian and the preparation of an advanced care / health directive enable you to express wishes as to how you should receive medical procedures or how you would like to be cared for should you lose physical or mental capacity.

Depending on the document prepared, an enduring power of attorney, appointment of enduring guardian or advanced care / health directive may come into effect:

  • at the time of execution of the document;
  • at a specific future date, or on the occurrence of a specific event; or
  • when the donor / principal (the person making appointment) loses mental or physical capacity.

WHY UTILISE AN ENDURING POWER OF ATTORNEY?

An enduring power of attorney enables you to provide a trusted person or entity with financial, legal or personal powers that you would otherwise be able to exercise, when you are no longer able to exercise these powers yourself.

The primary example of this is the loss of mental or physical capacity. In the event that you were to lose mental capacity (for example, dementia) or lose physical capacity (for example, you are involved in a serious accident and require medical assistance), having an enduring power of attorney in place ensures that a trusted person can make decisions for you, at a time when you are not capable of doing so.

Another principal example of the use of an enduring power of attorney is the provision of power to a trusted person or entity over your financial matters while you are either interstate or overseas. This enables your relevant financial matters to continue to be addressed in the manner you wish, at a time when you may be unable to deal with them yourself.

WHAT STATES OFFER WHAT ENDURING POWERS OF ATTORNEY?

As the legislation governing powers of attorney is state based, you are limited to the types of powers of attorney available in your state of residence. For information on the types of enduring powers of attorney available in your state, visit our Powers of Attorney page.

WHEN IS THE BEST TIME TO MAKE AN ENDURING POWER OF ATTORNEY?

An enduring power of attorney must be prepared while you still have capacity. Therefore the preparation of an enduring power of attorney, appointment of an enduring guardian or the making of an advance care / health directive is an important part of your estate planning and should be done when you are healthy and mentally capable.

MORE INFORMATION

For further information regarding our enduring powers of attorney documentation and pricing, please contact us on 1300 659 242.