Week 11-Powers of Attorney

A power of attorney is a legal paper that lets someone else do things for you. You're called the
"donor" because you're giving the power, and the other person is the "attorney" who gets the
power. This paper is different from place to place, so it's not the same everywhere. Once you sign it
and someone else witnesses it, it's good to go. It stays valid until you say it's not, or if you pass
away. Once you're gone, it doesn't work anymore.

Types of Power of Attorney

There are different types of power of attorney:

1. Limited power of attorney: This lets someone do specific things for you, but only for a
limited time or purpose.
2. General power of attorney: This gives someone broad authority to handle your affairs, but it
ends if you become unable to make decisions for yourself.
3. Enduring power of attorney: This continues even if you become unable to make decisions
for yourself. There are two kinds: one for financial matters and one for personal and health
matters.
4. Enduring power of guardianship: This specifically deals with decisions about your personal
and health matters if you become unable to make them yourself.

Note that not all areas in Australia allow all types of enduring powers of attorney. You need to
check the laws in your area for what's allowed.
Scope of the Power of Attorney
When you appoint an attorney, you're letting them do everything you can do. This means they can
pay bills, write checks, do banking, and buy or sell property for you. Their authority is broad, but
they must respect your wishes. If they act against what you want, it's considered a breach of trust.

General Power of attorney

A general power of attorney lets someone handle legal, financial, and administrative tasks for you,
except making a Will. It's only valid while you're alive and doesn't continue if you can't make
decisions anymore due to mental illness.

It's not very helpful in critical situations, like when someone has dementia or motor neuron diseases. It's
usually used for specific tasks, like buying a house or managing a business or investments. It can also be
handy when someone's away and needs someone else to sign documents for them.

Enduring power of Attorney

States have laws for three types of enduring power of attorney (EPOA):

1. Financial EPOA
2. Medical powers EPOA
3. Guardianship EPOA They start working right away or on a set date and can be limited to
specific tasks. If not limited, they can handle most financial or legal decisions, but they can't
 make a will or act as a director for the donor. The power lasts until the donor cancels it by
telling the attorney and destroying the document.
Enduring Power of Attorney: Financial
Many people should consider preparing this document. It lets you pick someone to make
financial decisions for you if you can't. Having an enduring power of attorney can save a lot
of time, money, and hassle in personal and business matters.
Enduring power of attorney: Guardians
Guardianship helps someone with their health, lifestyle, and how they live. People chosen as
guardians can make medical decisions as allowed by law. You can appoint one or more guardians
to take priority over others allowed by the law.

This document lets the guardian decide things like where the person lives, who they live with, work
arrangements, and medical treatments when they can't decide for themselves. Guardians have
authority similar to parents over children. It's especially useful when the preferred decision maker
isn't the closest relative or if there might be disagreements among family members.

Attorneys: Joint or reserve

To make sure the right person is in charge when needed, it's smart for a client to appoint both an
immediate attorney and a backup attorney. They can give power to multiple people together or
individually. Also, they can set conditions for when the backup attorney takes over.

Limitations of Powers of Attorney

All powers of attorney have some common limits. For instance, the attorney must act in the
grantor's best interests. They may face restrictions dealing with superannuation fund nominations,
and they can't make a will for the grantor.