By Tara Grant - 1 May 2009
Changes to the law governing powers of attorney came into effect
on 26 September 2008. The changes are designed to better protect
the donor (person who originally sets up the power of attorney)
What is a Power of Attorney?
A Power of Attorney is a legal arrangement where you (the donor)
appoint another person (the attorney) to make decisions for you if
you are no longer able to or if you are overseas.
There are two types of enduring powers of attorney:
- Property: where your attorney makes decisions
about your property for you. You can give the attorney the
power to act on your behalf straight away or only if you are unable
to make decisions for yourself.
-
Personal Care and Welfare: Where your attorney
makes decisions about your care and welfare when you are unable
to. Such decisions might include whether you need residential
care and/or medication.
Changes to the law
On 26 September 2008, a new Act applying to enduring powers of
attorney came into effect.
Key changes to the law, designed to better protect donors,
include:
Implications for someone acting as an attorney
If you are an attorney acting, you need to familiarise yourself
with the new duties imposed on you by the Act.
In many cases, before acting under a power of attorney,
attorneys will now need a medical certificate confirming the donor
is mentally incapable of acting for themselves.
Benefits of setting up powers of attorney
If you become unable to make decisions for yourself and have not
appointed an attorney, a family member or care organisation will
have to apply to the Family Court for the right to make decisions
for you.
This is an expensive procedure and can easily be avoided.
So if you don't have powers of attorney you should consider the
benefit of doing so.
If you would like help with your Power of Attorney or
have any questions regarding these law changes, please
contact Catherine Atchison
or Tara Hurley.