Powers of Attorney

Can my attorney access my Will?

Can my attorney access my Will?

Recently, an enquirer contacted me to ask if they could access their mother’s Will, as they were acting as her attorney under an Enduring Power of Attorney. An Enduring Power of Attorney is a very important and complex document, and acting as an attorney should not be entered into lightly. When making an Enduring Power […]

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Competing Attorneys – What happens if I have two Enduring Powers of Attorney in place at the same time?

Competing Attorneys – What happens if I have two Enduring Powers of Attorney in place at the same time?

Recently I received an enquiry about what happens if a person appoints two Attorneys under two separate Enduring Powers of Attorney with the same terms, but at different times. If you have completed an Enduring Power of Attorney and forgotten about it, or if you have completed a new Enduring Power of Attorney without revoking […]

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Victim of abuse of an Enduring Power of Attorney? What to do, who to tell and who can help

Victim of abuse of an Enduring Power of Attorney? What to do, who to tell and who can help

I have previously addressed what an Enduring Power of Attorney is and the duties of an Attorney. Now that you know who they are and what they are supposed to do, you should also be aware of what to do if you think you or someone you know may be the victim of an unscrupulous […]

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Duties of an Attorney

Duties of an Attorney

In part one of my series on abuse of Enduring Powers of Attorney I addressed what an Enduring Power of Attorney is, and how to make one. When you are contemplating signing an Enduring Power of Attorney, it is worth knowing what the duties of your Attorney will be, so that you know what to […]

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Abuse of Enduring Powers of Attorney

Abuse of Enduring Powers of Attorney

I read an article recently about the Human Rights Commission issuing a new guide on how retirees can protect themselves against fraud. According to the Human Rights Commission, the creation of the guide was prompted by complaints from retirees that their savings and homes were being taken from them by relatives taking advantage of their […]

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SMSF Trusteeship and Enduring Powers of Attorney

SMSF Trusteeship and Enduring Powers of Attorney

I have recently been approached by a client who is travelling overseas indefinitely. The client is a trustee of his own self-managed superannuation fund. The client was concerned, that as he was travelling overseas the self-managed superannuation fund may lose its residency status and wanted to appoint another person to act in his place as […]

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Enduring Powers of Attorney Explained

Enduring Powers of Attorney Explained

I read with interest Noel Whittaker Article Sunday Mail in the Sunday Mail on 18 November 2012  regarding the complexities of Enduring Powers of Attorney. In light of this, I thought I would summarise the main points one should be familiar with when making an Enduring Power of Attorney: An Enduring Power of Attorney is one […]

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What happens if I don’t have an Enduring Power Of Attorney?

What happens if I don’t have an Enduring Power Of Attorney?

Powers of Attorney are an important legal document that I encourage all of my clients to make. By simply having a valid power of attorney in place will help to eliminate the expense and stress on your loved ones having to go through the Guardianship and Administrative Tribunal to be appointed as your Attorney. Types […]

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