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Power of Attorney - How to Make One?

Discussion in 'Wills and Estate Planning Law Forum' started by George S, 9 April 2014.

  1. George S

    George S Member

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    I would like to organise a power of attorney to have something in place if I become unable to make decisions for myself. I’d like to appoint my partner in the first instance, and our adult son as a back up. Can anyone tell me how to prepare a power of attorney and whether a wills / estate planning lawyer is needed to write and witness it?
     
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  2. Amelia T

    Amelia T Member

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    What State are you in? Answer will vary depending on where you're located.
     
  3. George S

    George S Member

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    I'm in Victoria. Thanks in advance for your help.
     
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  4. Amelia T

    Amelia T Member

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    The Office of the Public Advocate has a free booklet for people wanting to make a power of attorney or guardianship that has all the information you need to know about:
    - when and how to make a general power of attorney.
    - when and how to make a enduring power of attorney (financial).
    - when and how to make a enduring power of attorney (medical treatment).
    - when and how to make a enduring power of guardianship.
    - who can make a power of attorney or guardianship (anyone 18 or over with legal capacity ie, the ability to understand the document and the powers you are giving your attorney).
    - the forms you need to make these powers.
    - how to change or cancel your powers.

    You will just need to fill out the forms in the booklet and get them witnessed. There is a section where you can appoint an alternate attorney and that is where you can appoint your adult son. I think you'll find the booklet quite easy to understand.

    You will need two witnesses and one must be someone authorised to witness statutory declarations. There is a detailed list of who can witness statutory declarations on pages 30-31 of the booklet. Only one can be a relative and the attorney/s that you appoint can't be witnesses.

    You don't need a lawyer if you understand the booklet and can follow the instructions for filling out the forms, but you may want to get specific legal advice if your financial or family affairs are complex or complicated.
     
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  5. Worldly1

    Worldly1 Well-Known Member

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    Agree with AmeliaT.
    My partner and I used the Office of the Public Advocate booklet/forms for our powers of attorney. Quite straightforward and we had a friend who's a JP and his partner to witness them. Just make sure you double check everything before you arrange for signing and witnessing to take place.
     
  6. S Rubens - Legal Zebra

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  7. Worldly1

    Worldly1 Well-Known Member

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