Power of Attorney

What would happen to you if you lost physical or mental capacity due to an injury, illness or advanced age? Or if you needed someone to carry out financial matters while you were overseas?

Making a Power of Attorney allows you to appoint a trusted person or number of people, to make decisions for you if you become incapacitated. This gives you the peace of mind of knowing that decisions will be made on your behalf and according to your wishes, by someone you trust.

There are three types of Power of Attorney (POA). A general POA is used to appoint someone to make legal and financial decisions on your behalf when you can still make your own decisions. An Enduring POA is only valid while you are alive and gives legal authority for another person/s to make personal, health/medical research and financial/property decisions on your behalf. A company power of attorney can be made to authorise someone to act on behalf of your company and/or sign certain documents on behalf of the company.

If you lose capacity and do not have an enduring power of attorney in place, your loved ones may need to make an application to the guardianship tribunal (ACAT or NCAT) to give them the power to make decisions for you.

We help both individuals and business entities establish powers of attorney suitable to their unique needs and have extensive experience in making general powers of attorney, company powers of attorney, enduring powers of attorney and enduring guardian appointments. Our power of attorney lawyers in Canberra can guide you through this process both in the ACT and throughout various Australian states and territories. Our expert team can also help with ACAT or NCAT work, and guardianship tribunal matters.

 

 

 

The MV difference

We help both individuals and business entities establish powers of attorney suitable to their unique needs.

For personal requirements, making a power of attorney ensures that your wishes are respected if you are one day physically or mentally unable to make decisions for yourself.

We are committed to collaborating with you, understanding your concerns and wishes upon your potential incapacitation and adapting a plan for how your attorney will act and carry out your wishes.

A company power of attorney can be made to authorise someone to act on behalf of your company and/or sign certain documents on behalf of the company.

If you are the sole director of your company, this is particularly important as it will ensure someone else can make decisions on behalf of your company and sign documents in the event you become unable to do so.

Failure to have a company power of attorney in place may mean the operation of the company comes to a grinding halt if a sole director becomes incapacitated.

Our expert team specialises in drafting and preparing powers of attorney, providing a holistic and tailored service to ensure your power of attorney fits in with your estate planning objectives.

Our services include preparation and registration of power of attorney, revocation of powers of attorney, enduring powers of attorney, medical powers of attorney, and preparation of enduring guardians.

We can also assist with applications to the guardianship tribunal if your loved one has become incapacitated and you need to make decisions on their behalf.

Having a well thought out power of attorney in place can also help with protecting you from elder abuse.

MV Law understands that this topic can be difficult to face for many people. With this in mind, our team of power of attorney lawyers in Canberra strive to make the process as comfortable and straightforward as possible.

We will discuss the legal and non-legal advantages and disadvantages of your proposed power of attorney, and explain it all in practical terms and plain-English.

If you want to be empowered over the legacy you leave, talk to the MVLaw Wills and Estates team now.

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