ENDURING POWERS OF ATTORNEY LAWYER

ENDURING POWERS OF ATTORNEY LAWYER2019-11-27T11:40:49+00:00

At Friedman Lurie Singh & D’Angelo  we specialise in advising on and preparing Enduring Powers of Attorney and other end-of-life documents.

Only dedicated, experienced, a specialist the lawyers will have conduct of your matter!

We do not delegate your important matters to articled clerks or para-legals like some firms do. We have never believed in this as it simply duplicates work and increases costs.

What is a Power of Attorney?

A Power of Attorney is a legal document in which one person gives another the authority to make financial and legal decisions on his or her behalf.

The person giving any Power of Attorney is called the “Donor” (i.e., you) and the person who accepts the power is called the “Donee”.

Such a document will cease to be valid when the donor becomes mentally incapable. It is thus of limited commercial use.

Who is Friedman Lurie Singh & D’Angelo?

We are an experienced and trusted firm of lawyers based in Perth with five offices across the metro area.

We have specialists in several areas of law including family law, personal injury law, criminal law, commercial and civil law.

Call us on 08-9254-0000 or complete the form on this page to submit your enquiry online. We respond to most online requests in one business day or less.

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What is an Enduring Power of Attorney? (EPA)

An “ordinary” Power of Attorney ceases to have effect as soon as the Donor is found to be incapable of making decisions (e.g., mental incapacity due to injury or illness).

An Enduring Power of Attorney will allow the Donee to commence or continue to have legal decision- making powers after the Donor has lost the ability to make decisions for himself or herself but whilst the donor is still alive.

An Enduring Power of Attorney may be written in two ways:

  1. to come into effect immediately and to continue after the Donor loses capacity; or
  2. to come into effect only when the Donor loses capacity.

The important thing to understand is that you can only give an effective Enduring Power of Attorney while you have the legal capacity at the time you give the power, i.e., you are capable of understanding the nature and effect of what you are signing

Do I Have to Have an Enduring Power of Attorney?

No. You can still elect to make an ordinary or limited Power of Attorney. This will specify exactly what you wish the person to be able to do on your behalf. You can also nominate the length of time that it is to operate.

But, an ordinary power of attorney will not be effective during the Donor’s subsequent incapacity. As stated above, it is of limited applicability in today’s world and is now rarely used.

Who Can I Choose?

You may choose anyone you feel you can trust to look after your affairs and who is a responsible adult. This may be your spouse or partner, another family member, trusted a friend, accountant or lawyer or a combination of these people jointly and/or severally.

You may have one person as sole Attorney or two people who act together (Joint Power of Attorney) or two people who may act together or separately (Joint and Several Power of Attorney).

Do I Have to Give an EPA?

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.

What Happens If…?

If any problems arise with the use of the Enduring Power of Attorney, the matter can be referred to the State Administrative Tribunal for orders and directions.

What Words does an Attorney use When Signing on behalf of someone else relying on the Enduring Power of Attorney?

All documents should be signed “X as attorney for Y”.

How do I Draw up an Enduring Power of Attorney?

Friedman Lurie Singh & D’Angelo can draw up your Enduring Power of Attorney and answer any of your questions.

What do I do with the Enduring Power of Attorney Once it is Completed?

Keep the original in a safe place and make a copy for your attorney. He or she can then produce it when necessary.

What Will it Cost?

Friedman Lurie Singh & D’Angelo charges a fixed fee for a simple Enduring Power of Attorney and we will quote the fee before the work is done.

If there is any likelihood of land/property transactions in the future then the Enduring Power of Attorney should be registered at Landgate. There is a fee payable to Landgate for registration of the Enduring Power of Attorney. We will discuss and advise you of this.

Special Note to people and their relatives who may show early onset of Alzheimer’s Disease

A Power of Attorney, whether it is enduring or not, can only be signed when the Donor has decision-making capacity.

It is very important to get a written the opinion of a doctor or other professional people involved in the care of your family member if there is any concern about mental capacity. The doctor must be able to attest to the person’s mental competence to sign any legally effective documents.

Phone Us on 08-9254-0000 To Schedule A Consultation

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Why you should Contact Us

We have 5 conveniently located offices in Perth, Jindalee, Joondalup, South Lake, and Rockingham to deal with your case. You do not need to come into town to see us! We are in your local area for your convenience!

We have a dedicated team of lawyers in Perth who love their involvement in law and enjoy providing high-quality legal services at a competitive price to members of the public of Western Australia, which we have been doing since 1989.

For all your Powers of Attorney enquiries, call us for a free no obligation telephone consult on 08 9254-0000 or submit an online enquiry using the form below.

For all other legal enquiries or to make an appointment with one of our helpful legal staff, call us to schedule a consult on 08 9254-0000. We respond to most requests within 1 business day.

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