What is a power of attorney?

The power of attorney is a legal document which means that one person is giving the capacity to make legal decisions to another person. There are two types of power of attorney the first is general power of attorney. It is important to note that the use of the word attorney in that context does not mean that a lawyer has been appointed into the role of the attorney. A general power of attorney terminates if the principle loses mental capacity. a common circumstance where a general power of attorney is created might be with someone is going overseas and they are also in the process of selling a property at the time which means that they need to give another person in the country power of attorney.

The second type of a power of attorney is enduring power of attorney. This is the type of these broader in the power of the general power of attorney because it continues to operate even after the principle has lost mental capacity. There are more specific requirements to create this second type of power of attorney in that it must say that the principal wants to continue the parrot attorney even after they’ve lost mental capacity and assigned to this effect and the signature must be witnessed by solicitor or a barrister or a registrar local court or a licence conveyancer or employee of the public trustee or a trustee company who is completed an approved course of study. The enduring power of attorney must also be fully explained to the principal giving the power of attorney.

If you need help with drafting a power of attorney or if you’re unsure about the need apparent attorney and you think would be a good idea to create one we have lawyers online now who can assist you with these enquiries.