Powers Of Attorney In Tweed Heads & Beyond
Handling Property & Financial Matters
At Budd & Piper Solicitors & Conveyancers, we can assist in the preparation of Powers of Attorney in Tweed Heads, including Enduring Powers of Attorney.
A Power of Attorney, sometimes known an Enduring Power of Attorney, is a legal document to appoint another person (your Attorney) to act on your behalf for financial affairs and for the management of your property and assets. This document will state what your Attorney is authorised to do on your behalf. This can be a wide-ranging authority or specific to particular dealings.
We provide advice on existing Powers Of Attorney and dealings by an Attorney.
An Attorney in this sense does not necessarily mean a lawyer or solicitor. You may appoint a family member, close friend, a solicitor, or the NSW Trustee and Guardian to act as your Attorney. An Attorney cannot make health, medical or lifestyle decisions for you, and their power is confined to dealings with property or financial matters.
On the other hand, Guardianship is appointing someone (while you still have legal capacity to make such appointments) to make personal, health or lifestyle decisions on your behalf should you lose capacity for a period of time or permanently.
Powers of Attorney can either be an ordinary Power of Attorney or an Enduring Power of Attorney. An ordinary Power of Attorney terminates automatically when the person who has made the appointment (the donor or principle) loses legal capacity through dementia or other forms of cognitive impairment. By contrast, an Enduring Power of Attorney continues or endures after the donor or principle has lost capacity through cognitive impairment caused by an injury, ageing or illness, and enables the Attorney to continue to make decisions and manage their affairs for the rest of their life. Both ordinary and Enduring Power of Attorney finishes when the principle or donor dies, at which point the executor appointed under their will takes control of their estate.
Ordinary Power of Attorney
An ordinary Power of Attorney is given for a specific period of time; for instance, if you are in hospital or are planning to travel overseas for an extended period of time and need to appoint an attorney to look after your legal and financial affairs while you are away.
An ordinary Power of Attorney stops operating if you lose the capacity to make your own decisions. This document can also be useful if you need someone to act only in certain one-off transactions, such as buying or selling property on your behalf.
Enduring Power of Attorney
An Enduring Power of Attorney continues even after you have lost capacity to make your own decisions. This can be an important document for you to have at some point, particularly for elderly people.
It is important to note that a Power of Attorney does not grant somebody power to make decisions on your behalf regarding your lifestyle, medical treatment, or welfare. The Power of Attorney no longer applies once you have died. Things such as living arrangements and healthcare can only be made by you, or if you lack capacity, by an
appointed guardian.
A Range Of Services
Budd & Piper Solicitors & Conveyancers has been serving the people of Tweed Heads, Northern New South Wales, and Gold Coast Queensland for almost one hundred years. When it comes to Powers of Attorney arrangements, let us assist you in planning out your future and avoid costly family disputes. We’ll take the time to listen to your needs and ensure a perfectly valid, legal document is prepared for your benefit and is tailored to your particular circumstances, needs and preferences. Operating since 1927, we have continued to provide reliable and affordable legal services, assisting in various civil, family and business legal matters. Our scope of legal services also includes:
- Business law
- Conveyancing in New South Wales & Queensland
- Leasing
- Retirement living & aged care advice
- Elder law advice
- Wills
- Guardianship & advanced care directives
- Probate & deceased estates in New South Wales & Queensland
- Succession law advice
- General legal advice
For further information on our services, rates, or to book in an initial consultation – speak with one of our team members today. We’re here to assist you.
