Power of Attorney issue

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M Glover

Member
31 August 2020
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I am having a power of attorney drawn up with my wife given the primary power of attorney and my 2 sons given power of attorney if she cannot act as attorney.
The draft POA states that
1) I authorise my attorney to confer benefits on the attorney to meet their reasonable living and medical expenses as provided by section 12 (2) of the Powers of Attorney Act 2003.
2) I authorise my attorney to confer benefits on the following to meet their reasonable living and medical expenses as provided by section 13 (2) of the Powers of Attorney Act 2003:
'my wife's full name'
I don't understand fully why this is in the POA . If my wife is my attorney then presumably she needs to be able to confer benefit on herself to meet reasonable living and medical expenses, so maybe I understand that bit. If my wife cannot act as my attorney (due to incapacity) and my 2 sons take over then presumably they need to be able to confer benefits on my wife to meet reasonable living and medical expenses, so maybe I understand that a bit.
However if if my wife is not acting as my attorney and my 2 sons are then I don't see how (1) would apply as they would not have any reasonable living and medical expenses that need funding. Could I not just have (2) in the document which would cover the situation if my wife was the attorney or my 2 sons were if she couldn't act as my attorney.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Talk to the lawyer drawing up your POA.

They have your instructions and know what it is you want to achieve.