Power Of Attorney Lawyer

At CKL Lawyers we assist our clients to protect their interests and affairs for life’s future expected and unexpected events with Powers of Attorney

What is a Power Of Attorney?

A Power of Attorney is a simple document to have prepared and executed, but can have an enormous and timely impact on the ability to deal with someone else’s affairs. The consequence of not having a Power of Attorney to fall back upon at a critical time, can often be incalculable.
If you require someone else to act on your behalf you will need to have a Power of Attorney. Ask our experienced Estate Planning Lawyers for advice.

What are the 4 main types of Powers of Attorney?

Enduring Medical Power of Attorney
Enduring Financial Power of Attorney
Enduring Power of Guardianship
General Power of Attorney, sometimes called Limited Power of Attorney

Each Power of Attorney is used under different circumstances. Ask our Estate Planning Lawyers Melbourne which is the best Power of Attorney for your situation.

What are the different types of Power Of Attorney?

What is a General Power of Attorney, sometimes called, a Limited Power of Attorney?

A General Power of Attorney is when you want someone else to act on your behalf for a limited time, or for a specific purpose. You may want someone else to bid at Auction on a house on your behalf. In this situation the Power of Attorney expires after the auction has occurred.

What is a Medical Power of Attorney?

A Medical Power of Attorney is when you want someone to act on your behalf if you are incapacitated and need medical decisions made on your behalf. You may be unconscious after a car crash and require a decision to be made on your behalf regarding an operation. It is sensible for a married couple to give each other a set of Powers of Attorney so that either party can continue to manage the household if one becomes incapacitated.

What is a Financial Power of Attorney?

A Financial Power of Attorney is when you are not capable of making a decision and your Attorney takes over regarding financial matters. You may be elderly and you wish your adult child to take over paying your bills.

What is a Power of Guardianship?

A Power of Guardianship is where a person appoints another person, maybe a family member or trusted professional advisor, to take over responsibility of their affairs. Adult children of elderly parents are advised to organise a set of Medical & Financial Powers of Attorney for their elderly parents whilst their parents still have capacity to understand and sign a legal document. Once the elderly person loses capacity, the only way for the adult children to gain control of their parent’s affairs is to make a full application to VCAT for a Power of Guardianship. For more information please see our Elder Law section.

Old Powers Of Attorney

If you have an old Power of Attorney that has not expired, it may need to be reviewed or revoked.
Never leave a Power of Attorney in force if it is not needed.

Our Power of Attorney Lawyers can prepare the necessary Revocation of Power of Attorney if it is required.

Old Power Of Attorney | Power Of Attorney Lawyer

Powers Of Attorney FAQs

Q. Should I use a free Power of Attorney form or a Power of Attorney template online?

If you use a free power of attorney template, you run the very high risk that the form is not what you wanted or is invalid. Examples of Power of Attorney kit mistakes include:- Asking for the wrong Power of Attorney for your situation Drafting the wording incorrectly Signing the Power of Attorney form incorrectly Witnessing the Power of Attorney incorrectly Not providing the correct limitations on the power granted Opening the document up to a challenge The possibility that the person giving the power did not have capacity to grant the power can invalidate the document. If you want to ensure your Power of Attorney takes on a legal form, ask our Power of Attorney Lawyers for advice.

Q. Can I challenge or overturn a Power of Attorney?

Yes, you can challenge an existing Power of Attorney for many reasons including:

Abuse of power, that is, not looking after the best interests of the person
Incorrectly drafted document
Incapacity of the donor at the time of signing

Q. Do I need to revoke my Power of Attorney if I don’t need it anymore?

Yes and no.

If you have granted a power of someone under a limited power of attorney, then that grant expires at the end of the grant period or situation. An example of a limited power of attorney would be if you are overseas and need documents signed on your behalf during your travels. Once that time period has expired, the document is then no longer valid.

But if you have an enduring power of attorney (medical, financial or guardianship), and you do not want the attorney you appointed to continue to have powers, then we can assist you to draw up the necessary documents to revoke the power of attorney.

Get in touch with our experienced Powers Of Attorney Lawyers today to assist you with adding or removing Powers of Attorney.

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