Enduring Power of Attorney
The Power given may be general, specific or limited
A Power of Attorney is a formal appointment in the form of a Deed whereby one person (the Donor or Principal) gives to another (the Donee or Attorney) the right or authority to act as his or her agent. The use of the word attorney is in its broad sense and has nothing to do with a legal practitioner. The power given may be a particular power for a specific or limited purpose or a general power which allows the donee to deal with any of the affairs of donor in any way that the donor would lawfully do. Both the particular or general Power of Attorney can be converted into an Enduring Power of Attorney which enables a Power of Attorney to continue to have effect even after the donor of the power might lose capacity through unsoundness of mind. For this to occur the donor’s signature under the Power of Attorney must be witnessed by a prescribed person such as a legal practitioner.
The Power of Attorney allows a trusted person to operate business matters but has no effect on lifestyle or medical matters. For those an appointment of Enduring Guardian is necessary.
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