WA Power of Attorney whilst having a debt agreement?

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Odar1330

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15 October 2019
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Hello I have a debt agreement and now have been asked to be power of attorney for my mum. I have been looking after her for 14 years and she lives with me. We are in Western Australia. Can I be a power of attorney whilst having a debt agreement?.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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The only requirements under the Guardianship and Administration Act of WA are:
- You must be at least 18 years of age; and
- You must have full legal capacity.

According to the WA guide on powers of attorney, 'full legal capacity' means "the capacity to make a formal agreement and to understand the implications of statements contained in that agreement."

If you can do that, then apparently yes you can.

I would suggest disclosing your status to the donor (or reminding them) to make sure they are happy to proceed.
 

Odar1330

Member
15 October 2019
2
0
1
Thank you. Another Question please - is it illegal for my mother to give me all her pension while I Look after her needs and requirements? she is willingly to have it legally documented so I don't get into trouble so have decided to engage a lawyer to draw up something in writing. I buy her what ever she needs and make sure she is well provided for. The rest of the money i just use for bills expenses etc.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
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You must keep her money and assets separate from your own. The easier way is to leave it in her bank account and inform the bank of your power of attorney. Alternatively, open an account in your name as trustee for your mother. There will be hoops to jump through for both options.