Accidents, sudden illness or disability (Alzheimer’s disease, Dimentia, absence from the jurisdiction, eg when overseas on holiday or for work, can occur without warning at any time and may disrupt your lifestyle and affect your legal capacity. At these times you will need someone who has the legal authority to manage your legal and financial affairs.
If you exercise powers in a business or under a Family Discretionary Trust deed, an Enduring Power of Attorney can allow the powers to be exercised during your incapacity.
It is imperative to realize that no third-party can legally deal with a representative of a person unless that person has authorised the representative.
The only form of authorization which is recognized by the law is an Enduring Power of Attorney. If you are unable to deal with your financial affairs personally, if you do not have this document, an application to the Administration Tribunal will need to be made. Someone who you may not wish to have as your attorney may be appointed. The only way to prevent this is to ensure that you make the appointment yourself.
Recognise that the tax office, Department of social services, land gate, banks, pharmacies and basically everyone else will not give information or otherwise deal with someone other than their customer/client, unless there is a valid Enduring Power of Attorney in existence.