As we live our day-to-day lives, we sometimes ignore the plan we should have to help protect ourselves, our desires, our possessions, and the people we care for. Huh. However it may not be pleasant to think that planning to ensure your safety in the event of future disability is now smart planning and it can bring great peace of mind. Part of that plan includes creating a Powers Of Attorney (POA). What is a Powers Of Attorney? There are two basic types of POA:
The primary duty of a lawyer is to act in your best interest and if you are able to make the decision yourself then you will act. It is important to know that POA law differs in each province; Terminology and rules differ somewhat among common law provinces and vary considerably under the Civil Code of SA. POA for Personal Care The POA for personal care is written by the legal authority you give, relying on you to arrange for personal care should you be unable to make these important decisions for yourself. Once a person becomes your attorney, they are entitled to make decisions about your health and personal care - so long as you are unable to make these decisions yourself - but cannot make property or financial decisions. If you do not appoint a Powers Of Attorney for personal care, and you need a relative, you will be asked to make these decisions. There is usually a "hierarchy" of relatives, who will be approached to take this role. Therefore, there is a chance that a relative appointed to act on your behalf may not be the person you choose. POA for Property The POA for property is a written legal right given by you in relation to your property and financial assets to another person or trust company.
You can appoint:
What you should be aware of while creating POA To create a POA, you must have a certain level of competence. For example, in SA, "trial" includes the appreciation that the person you appoint as a lawyer may abuse the authority you are giving them. Unfortunately, misuse occurs. POA misuse of property is one of the most common means of committing major financial misuse. What can you do to stop this? Trust is the key. You can help protect yourself and your family by appointing a trusted person or trust company as your lawyer for the property. Make sure your care wishes are met by documenting them and appoint someone you should trust to decide that you should be mentally disabled. Also, if you change your mind about which you appoint as your lawyer, you can cancel the Powers Of Attorney for any reason as long as you still have the ability to give one. Finally, keep talking with your close friends and family members to let them know of any changes in your decision making. Make sure they are aware of what you value and how you define the quality of your life.
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Jackson Associates Solicitors Belair, South Australia in dealing with Wills, Powers of Attorney, Advance Care Directives and Probate, Deceased Estate Administration services in Belair, SA Archives
November 2020
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