Appointing an Attorney as your Enduring Power of Attorney

What is an “attorney”?
An attorney is a person or people who you appoint to be in control of your assets and finances, if you are capable and/or incapable of managing your assets and finances. Your attorney can to do such things as buy or sell real estate, operate your bank accounts and/or make general enquiries on your behalf.

What’s the difference between a General and an Enduring Power of Attorney?
A General Power of Attorney only authorises your attorney to act whilst you are of sound mind. If you become incapable of managing your affairs through an accident or an illness, your General Power of Attorney, will not allow your attorney to continue acting on your behalf. You would need an Enduring Power of Attorney

Why do I need an Enduring Power of Attorney?
So, that there is someone who can manage your assets and financial affairs, if you are incapable of managing them for yourself. If there is no one appointed, then there is the possibility of your financial affairs being placed in the hands of the Office of the Protective Commissioner.

Who can be appointed?
Anyone who is over the age of eighteen. Preferably, it would be a spouse, child, children, near relative or some other significant person in your life, whom you trust.
How many attorneys can I appoint?
As many as you like. Where you appoint more than one attorney, you must specify if those attorneys
are to act together at all times, or whether or not they can act individually on your behalf.

Can my attorney use my money and property for their own benefit?
Only, if you authorise them to.

When does my Enduring Power of Attorney start?
When you decide. It can be as soon as the document is signed, for a defined period of time, when your attorneys sign the document or when a medical practitioner deems you to be medically incapable of managing your own financial affairs.

When does my Enduring Power of Attorney end?
When you die, when it is revoked, or when it is terminated by the Supreme Court or by the Guardianship Tribunal.

Can I change my mind after I have appointed an attorney?
Yes.

Does my Enduring Power of Attorney have to be registered?
Only if your attorney is buying, selling or transferring real estate on your behalf.

How do I appoint an attorney under an Enduring Power of Attorney?
By instructing us to draw up the legal document for you, explaining the document to you before you sign it and by witnessing your signature, while you have the capacity to understand it. The document can then be signed by your attorneys, who don’t have to sign it the day you sign it, and kept in a safe place and used only if and when it became necessary to do so.