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Enduring Power of Attorney

In addition to the preparation of a Will, D’Angelo Legal can also prepare an Enduring Power of Attorney for our clients.

An Enduring Power of Attorney enables an individual’s affairs to be managed by a person of their choice when they are unable to conduct their own affairs due to incapacity. An Enduring Power of Attorney authorises an attorney to make legal and financial decisions for the donor. This appointment can only be made by a person whilst they are still capable of making those legal and financial decisions for themselves.

The difference between a Power of Attorney and an Enduring Power of Attorney is that an Enduring Power of Attorney does not cease on legal incapacity whereas a Power of Attorney does.

If a person is unable to manage his or her own legal and financial affairs due to incapacity and that person does not have a valid Power of Attorney, it may be necessary for a State appointed Trustee to make those decisions for the donor or a substitute power of attorney be appointed. In some circumstances if may be a requirement to make a formal application in the State Administrative Tribunal for orders in relation to the appointment of a Power of Attorney whilst a person is legally incapacitated.

Executing a Power of Attorney or Enduring Power of Attorney is a cost effective way of ensuring your interests are adequately provided for. D’Angelo Legal is happy to advise and assist you in executing an Enduring Power of Attorney document that provides for you, appointing a person to act on your behalf.