A Powers Of Attorney is a legal document in which one person nominates and gives the other the legal authority to act on their behalf. In fact, a Powers Of Attorney allows you to delegate the management of your cases to someone you trust. The nominee is known as an agent – who, regardless of tenure, does not have to be a lawyer (another name for a lawyer) – and the nominee is known as the principal.
Types Of Powers Of Attorney
In Australia, the powers you can delegate to your agent will depend on which state or territory you live in. They may specifically refer to financial powers, or they may include extensive custodial powers. To ensure that you have to check with your local public trustee. However, generally speaking, there are two types of Powers Of Attorney: general and permanent.
General Powers Of Attorney
A general power of attorney is one where you appoint someone to make financial and legal decisions, usually for a specified time period. An example might be that you are abroad and unable to manage your legal affairs at home.
A general Powers Of Attorney does not give an agent the power to make personal, medical, or lifestyle decisions on behalf of the principal. Additionally, if the principal loses his decision-making ability, the appointment of the agent becomes invalid. That is, the powers cease as soon as the principal is considered mentally incompetent.
Powers Of Attorney
If a permanent Powers Of Attorney is signed, agents may be asked to make decisions for the principal in a situation where the agent does not have the mental capacity to participate in his or her own affairs, ie if An agent is legally unable to understand and deliver. Consent for an action or arrangement.
Financial And Legal Rights
The Powers Of Attorney authorizes your agent to make financial and legal decisions for you while you are alive, but only when you are unable to make these decisions. For example, if you become mentally disabled or temporarily unconscious due to a brain injury, accident or illness. In Victoria, the financial power of attorney can make financial and legal decisions on behalf of the appointed agent principal.
Depending on the state / territory of residence, medical rights may or may not be included within the permanent Powers Of Attorney. In states that do not allow medical authority through permanent Powers Of Attorney, a separate document that specifically allows the delegation of medical power.