• What can a power of attorney do?
  Who can appoint or act as a power of attorney?
  How can I appoint a power of attorney?

At some time you may want to appoint a 'power of attorney'. There are three kinds of powers of attorney: a general power of attorney, a medical power of attorney or an enduring power of attorney.

A general power of attorney applies only when you are well, so is not really relevant here.

An enduring power of attorney continues if you become unwell and are no longer able to make informed decisions for yourself. This might be the case when your condition affects your mental functioning. Before this happens, you can delegate your decision-making power to someone else.

When you give someone a medical power of attorney they are able to act and sign as your legal representative for any medical treatment you may need. That person cannot make all decisions regarding your treatment, however. They can only make the type of decision you would have made yourself if you were able to do so.

Therefore, it is important that your attorney knows your wishes for any future medical care or other decisions.

What can a power of attorney do?

An enduring power of attorney can be specific or all-embracing. When you appoint someone under an enduring power of attorney, it means that they can act for you in all legal and financial matters or just on matters specified by you. A clause (a section of a legal document) in the enduring power of attorney states either a date, or certain circumstances when the enduring power of attorney starts to operate.

Circumstances that initiate operation of a power of attorney might be if you became unable to manage your affairs as a result of physical or mental infirmity (weakness or frailty).
The enduring power of attorney is the most common power of attorney given. There are also general powers of attorney and limited powers of attorney, whereby people authorise an attorney to act for them in a specific matter only.

A medical power of attorney is a limited power of attorney. Its function, as mentioned earlier, is to monitor (in consultation with your doctor) future medical treatment that you are to be given as a result of an accident or worsening physical or mental illness.

Who can appoint or act as a power of attorney?

Anyone of sound mind can appoint a power of attorney, and anyone of sound mind can act as one. This means that at the time of appointing a power of attorney or acting as an attorney, you must be able to read the power of attorney document or have it read to you. You must also be able to fully understand the document and its implications. You must not be insane, senile or under pressure from anyone else.

How can I appoint a power of attorney?

Forms for appointing a power of attorney are easy to complete. You can get them from your lawyer, law stationers or most newsagencies. You need to have a completed form witnessed by two independent witnesses not related to you. One of the witnesses must be a person authorised to take statutory declarations.
You can obtain general advice and may be able to get the relevant form from your local community legal centre.

Further information:

The Office of the Public Advocate has fact sheets on the different types of powers of attorney

The information in this section is necessarily brief, and may not be relevant to every situation. Powers of attorney are sometimes complex. You may need specialist advice.