Enduring Power
of Attorney

Enduring Powers of Attorney and health directives

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What is Power of Attorney?

Each state has different laws and terminology around Powers of Attorney. However, all states allow a person (the Principal) to appoint another person (usually called an attorney) to make decisions for them if they are unable to make those decisions for themselves.

The decisions made can be about medical matters, financial matters or personal matters. Attorneys often have very wide powers, so it is important that the person authorising enduring Power of Attorney not only trusts the person they are appointing, but also understands the nature of the authority the other person has. There is increasing concern amid disputes about Powers of Attorney across Australia, so these documents should always be carefully considered.

Power of Attorney can be revoked at any time if a person still has legal capacity to revoke the document. However, the appointment will cease on the death of the Principal, and the attorney will not have any power to assist in the administration of the Principal’s deceased estate.

Why Maurice Blackburn?

If you have any questions about Power of Attorney, or if you need help resolving any matters related to a Will, trust or estate, contact us today. Our Wills and estates lawyers are experts in the field who can help you with any matter pertaining to Wills, estates and Powers of Attorney.

We have offices in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia, so speak to Maurice Blackburn today. We fight for fair.

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Whether you are thinking of challenging or contesting a Will, or if you are the executor or beneficiary of a Will that is being challenged, our Will disputes lawyers can assist you.

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