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Enduring Powers of Attorney

An Enduring Power of Attorney is a legal document which allows you to appoint a person to make decisions on your behalf.  The person you appoint is called your attorney.  They will generally have the power to make decisions on your behalf when your decision making is impaired.

Your attorney may be a family member, close friend or a solicitor.

In the ACT, your attorney could potentially make decisions about property, personal care, health care and medical research matters.

Your attorney must:

  • Avoid conflicts between their interests and yours
  • Maintain proper records of their dealings with your money and property
  • Keep your money and property separate from theirs
  • Act in your best interests at all times
  • Not pay or give gifts or benefits to themselves or other people using your finances, unless you say they can

To make an Enduring Power of Attorney, you need to be over 18 and have the mental capacity to understand what you are doing.

Your Enduring Power of Attorney will only operate while you are alive.  It is automatically cancelled when you die.

To make an Enduring Power of Attorney, talk to a solicitor or the Public Trustee and Guardian.  It is recommended that you have the document prepared by a professional rather than trying to do it yourself.

By making an Enduring Power of Attorney, you are ensuring that the person or organisation you nominate to manage your financial affairs is what you want.

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