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Power of Attorney

What is A Power Of Attorney

A Power of Attorney, is similar to that of a Will. It is a legal document whereby someone is appointed and has the authority to act on your behalf for property matters and financial agreements. The person you appoint as your Power of Attorney, cannot make decisions on your health or wellbeing, these are covered by a separate document, and the person appointed is known as Enduring Guardian.

It is important that you appoint someone you trust and who will act responsibly. This could be a family member or close friend, but it must be someone you know will act responsibly on your behalf.

Heckenberg Lawyers are specialists in the area of Wills and Estates. Get In Touch with one of our senior lawyers to obtain the very best advice on how to prepare and appoint your Power of Attorney. It is a legal document and must be witnessed by lawyer.

A Power of Attorney will operate until:

  • the appointee cancels it.
  • the attorney no longer wishes to act.
  • the attorney or the appointee becomes bankrupt.
  • the person appointed looses their mental capacity to act for the appointee.

Case Studies

Testamentary Freedom in a Will - Goldberg vs Landerer

It is commonly considered that you can leave your assets to whoever you wish.

However, testamentary freedom is balanced by family provision legislation, which requires a person to make adequate provision for the proper maintenance, advancement, and education in life of an eligible person.

A failure to make adequate provision for an eligible person in your Will can result in the court intervening in your Will and making adjustments in order to provide this adequate provision.

A recent example of a family provision claim challenging testamentary freedom can be seen in the New South Wales Supreme Court decision, of Goldberg v Landerer.

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