FREE LEGAL FORMS

What is a Power of Attorney?

Put simply; this is a signed legal document which allows one person act on behalf of another. Generally this authority is in relation to financial or property matters. So, for example, if you were going overseas but the house that you always wanted to buy was being auctioned at the same time, you could appoint someone to buy it on your behalf while you were away. Obviously the person you appoint should be someone you know and trust.

What it can do ...
The appointed person can buy or sell items that you own (eg property, shares etc), access your bank accounts to add or remove funds.

Who can do it ...
Any adult (ie over 18) who is capable of understanding the ramifications of the document. Obviously you cannot force someone to do it. They need to understand that they are legally obliged to carry out any written instructions in the document and any verbal instructions you give them.

What it CANNOT do ...
The appointed person cannot make any medical or life decisions on your behalf.

When might it be useful ...
When you are going overseas, interstate, or into hospital, or when you are physically unable to attend a particular event or location.

More information ...
In legal-Gobbledygook: the person getting the authority is known as the Attorney (although, of course, they do not have to have any legal training or background) and the person giving the authority is the Principal (although they don't have to work in a school) or Donor (although they don't have to give blood).

Most Importantly ...
If you give someone this authority you must be VERY SURE that you can trust them and you must be VERY SURE that they understand what you want them to do.

To make a Power of Attorney click here.

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