Powers of Attorney and Guardianship

The need for a suitable power of attorney is generally considered at the time of execution of a will. A power of attorney gives your attorney the power to act on your behalf whilst you are alive. It may be desirable for any number of reasons. The options available such as an enduring power of attorney (financial), general power of attorney; medical power of attorney and enduring power of guardianship would all be explained.

A power of attorney should also be considered if a client suffers from some mental impairment such as dementia or otherwise is no longer capable of managing his or her own affairs.

When taking instructions our partners would explain the nature and effect of each power of attorney and in particular tailor any requested power to the client’s individual needs addressing such issues as:

1. The nature of the power, enduring or otherwise.
2. Any limitations on the power?
3. Will the donee of the power be joint or several?
4. Will the power terminate?
5. Is only a specific purpose power required?

As of September 1, 2015 there will be substantial changes to the law in this area. The current “enduring power of attorney (financial)” and the “enduring power of attorney guardianship” will become redundant however all existing powers of attorney will remain valid and enforceable. The new powers of attorney will cover both financial and personal matters. There will also be changes to the non-enduring power of attorney. These general powers of attorney will be known as general non-enduring power of attorneys.

A new power of attorney will also be introduced called a “Supportive Power of Attorney”.