The ACT has updated the Enduring Power of Attorney form effective from 8 March 2017.
In yet another indication that some Lawyers don’t get out often enough we actually found that interesting. We will be using the updated format to ensure our clients have the correct document in place.
If you are thinking about putting an Enduring Power of Attorney in place before going overseas, before a visit to the Hospital or just for peace of mind please call and we can help you out.
When we talk about an Attorney in this context we are talking about the person appointed to make decisions for someone else, not necessarily a Lawyer and not the US Court Room meaning of the word.
By giving an Enduring Power of Attorney you authorise your Attorney to make decisions on your behalf. For example the Attorney can make decisions about your property and financial matters, personal care matters and health care matters including medical treatment.
An update last year allowed an Attorney to make decisions about medical research matters.
The new update provides for separate appointment provisions for substitute Attorneys, a contemplation of marriage, civil union or civil partnership clause and the ability to remove certain sections if they do not apply.
The terminology and documents in NSW and the ACT are different but we can advise on this and ensure you have the correct document.
If the Attorney wishes to act under the Real Property Act, eg to sell houses, discharge or register mortgages etc they will need to register the Enduring Power of Attorney. You should obtain legal advice at the time if this is required.
So now that you are up to speed on the latest Enduring Power of Attorney form you can impress your friends at dinner parties with your new found knowledge. Glad to help.
Please contact us if you require assistance.
This is general information and should not be relied upon as legal advice. Published 8 March 2017.
