The laws relating to Enduring Powers of Attorney in Australia vary in each State.
This bot will help you with checking an Enduring Power of Attorney’s formalities for compliance with the laws in NSW (NSW Powers of Attorney Act 2003), Victoria (Victoria Powers of Attorney Act 2014) and Queensland (Queensland Powers of Attorney Act 1998).
How does it work?
- You answer a few simple questions about your document and the bot will reply.
- If you have any doubts about the validity of a power of attorney document you should make all reasonable efforts to contact the principal for confirmation that the transaction can be carried out by the attorney. If you are aware of lack of mental capacity by the principal at the time of execution of the document you should recommend that the attorney seek legal advice or contact the State Civil & Administration Tribunal’s Guardianship Division.
- If you suspect that the attorney is not acting in the principal’s best interests check the document to see if there is another attorney who can verify that the financial transaction is appropriate and not to the detriment of the principal. Where fraud is suspected, a financial institution should report the matter to police and Austrac. You could also contact the State Civil & Administration Tribunal’s Guardianship Division.
- Important: A power of attorney expires on the death of the principal. Only an executor appointed under a Will or an administrator appointed by a Court can manage a deceased estate.
- By using this service you agree to our terms. It is not legal advice.