frequently asked questions

Q: What’s a power of attorney, and do I need one?

A power of attorney is a legal document which allows a person (your “attorney”) to act on your behalf in relation to financial matters. Powers of attorney can be general, or limited to specific acts, for example signing documents in relation to a house purchase. Powers of attorney can also be ‘enduring’ which means they continue to have effect, even after you lose mental capacity.

A power of attorney can be of assistance if you have jointly owned property and one party is unable to sign documents, for example if that person is going overseas. They can also assist where the person giving the power of attorney (the “donor”) is elderly or incapacitated and requires assistance in everyday transactions such as going to the bank.
Powers of attorney must be registered with the Land Titles Office before they can be used. Unless a power of attorney is required immediately, once signed it can be kept in safekeeping on your behalf so that it can be registered later if necessary.

A power of Attorney can be revoked at any time, provided the donor still has mental capacity. A power of attorney does not give the attorney the power to make medical or lifestyle decisions on your behalf.

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frequently asked questions

Q: What’s a power of attorney, and do I need one?