Roles and Responsibilities of Power of Attorney Solicitors in Australia

You are mistaken if you believe that merely making a will is necessary in Australia. There can come a point in your life when certain situations prevent you from having the ability to make decisions regarding your estate. In that situation, you require the assistance of law firms in Adelaide to decide on your behalf.

Let’s read this blog post to learn more about how your solicitors may assist you in creating one.

What is a power of attorney?

As said above, a POA is a legal document that grants the authority to some chosen individuals to take care of your financial or legal affairs when you cannot make one. However, you must note that the power of attorney immediately becomes invalid when you die.

There can be many reasons why you need to appoint a power of attorney, i,e:

  • If you are travelling somewhere
  • If you are sick
  • If you trust someone and want to give them the authority to make decisions

Generally, a power of attorney is not compulsory, like a will, but it can protect you and your estate if you cannot do so.

Types of power of attorney

There are mainly two types of power of attorney:

  • Using a general power of attorney, the principal can designate someone to handle their financial and legal affairs. It is only legitimate if the principal can make their own decisions mentally, but they are not present then.
  • An enduring power of attorney continues to function even if you develop a mental illness or lose the ability to make wise decisions. This can also involve a physical condition that renders you temporarily unable to manage your finances, such as a coma.

    How can you appoint a power of attorney?

Well, there are mainly three ways through which you can create this legal document and appoint someone as your power of attorney (POA). These are:

  1. By using a public trustee:

    If you meet the conditions, people who work in this capacity can help you without charging you anything. However, they can still work with you for a fee even if you don’t fit their qualifications.

  2. By hiring a Power of Attorney lawyer:

    We strongly advise employing the services of a professional who specialises in this area of law because drafting a Power of Attorney, in any form, can have serious repercussions.

  3. By using online services:

    To complete the required documentation for a power of attorney, you can use online services that may assist you. However, as said earlier, it is advisable to consult a solicitor if you want to seek professional advice.

Let’s understand lawyers’ role and responsibilities in assisting you with the documentation of Power of Attorney.

How do legal solicitors help you create one?

Here is a brief outline of the role of lawyers who can help you create a power of attorney:

Drafting and assessing power of attorney:

  • They give legal advice to the principal on power of attorney and its implications.
  • They ensure that the power of attorney appropriately reflects the principal’s wishes and complies with all the legal requirements when they draft the document.
  • They review current powers of attorney to determine their legality and compliance.

Advising the power of attorney:

  • Attorneys, authorised to make decisions, receive legal advice from solicitors regarding their duties and responsibilities.
  • They explain to them any limits and limitations of using the power of attorney and the scope of the attorney’s powers.
  • They provide the lawyer with continuous legal assistance and guidance as they oversee the principal’s affairs.

Protecting the interests of the principal:

  • Attorneys are guaranteed to always act in the principal’s best interest.
  • They offer professional advice on how to handle potential conflicts of interest.
  • They keep an eye on the lawyer’s activities and might step in if they see any abuse of authority or neglect of duty.

Record-keeping and reporting:

  • Lawyers sometimes have to notify the appropriate authorities—like the Public Guardian or the court—about certain acts they conduct on behalf of their clients.
  • They keep thorough records of the attorney’s decisions and transactions on the principal’s behalf.

Dispute resolution:

  • When it comes to interpreting or carrying out a power of attorney, disagreements between the principal, the attorney, or other family members can be settled with the help of solicitors.
  • They can represent either side in court if necessary.

Final Thoughts

Jackson & Associates work in their best interest to ensure all your issues related to the Powers of the Attorney are resolved and that you have all the correct documentation to meet your needs. We understand, and thus, we assist you in protecting and guiding your legal rights.

Contact us today if you are looking for “Power of Attorney Lawyers near me” so we can discuss your concerns regarding the legal document of the Power of Attorney.