There may be a time when it's necessary to appoint someone to manage your financial, medical or personal affairs. It can be either an immediate short-term need, such as an extended overseas trip, or a long-term need to plan for you as an aged person, or if you have a disability or illness.
General power of attorney
If you give another person a 'power of attorney', you give that person the power to act on your behalf, for example to buy and sell things for you or operate your bank account.
Giving a power of attorney doesn't mean you lose control over your affairs. You can still deal with all matters, while your 'donee' (the person you appoint to act on you behalf) can do the things you've authorised. The donee must agree to act for you. You can't make someone your donee against their wishes.
A general power of attorney can be created for a specified time - otherwise, it ceases when you die or if you become legally incapacitated.
If you want to have someone who can act for you if you become legally incapacitated, you must make an ‘enduring power of attorney’.
Enduring power of attorney
An enduring power of attorney continues to operate even after you become legally incapacitated, for example if you become of unsound mind or can't communicate in any way, perhaps after a stroke. Taking the time to make an enduring power of attorney means your financial affairs can be looked after by someone you know and trust.
You can't make a power of attorney after you have become legally incapacitated. If a person's capacity at the time of making a power of attorney may be in doubt, then it's best to get a doctor's written opinion confirming that the donor appeared able to understand the nature and effect of the document at the time of signing.
You can revoke your enduring power of attorney at any time, as long as you still have legal capacity.
Related information
Other websites
Powers of Attorney - The Law Handbook, Legal Services Commission
