subject: All About Power Of Attorney [print this page] Most of the time, you probably prefer taking care of your personal business yourself. However, situations sometimes arise that make it difficult - or even impossible - for you to take care of certain things. In those cases, a power of attorney can come quite in handy. Learn more about these legal documents by reading on below.
What is a Power of Attorney?
A power of attorney is an incredibly important legal document. It can be used in a number of different situations to accomplish a number of different things. At its core, though, a power of attorney is a document that authorises another individual to act on your behalf. A basic power of attorney may be warranted if you go overseas for an extended period of time, suffer from ill health or reach an advanced age and don't have the stamina or desire to deal with legal issues yourself anymore.
It is important not to confuse a basic power of attorney with an enduring power of attorney. A basic power of attorney does not allow the authorised individual to make personal, medical or lifestyle decisions on your behalf. At most, it allows a person to sign documents for you and act in your stead in basic legal transactions. If something needs to be signed, the designated individual will be allowed to do it for you; if a decision needs to be made, he can't make it on your behalf.
Enduring Power of Attorney -
Enduring power of attorney is the legal document that tends to get the most attention. Unlike a basic power of attorney, an enduring power of attorney isn't something that you'd use in conveyancing or conveyancing scenarios. Instead, you may set up an enduring power of attorney that would go into effect in the event of your incapacitation, debilitation or if you lose your mental faculties. You cannot enact an enduring power of attorney, though, unless you are currently competent to do so. On the flip side, a basic power of attorney is null if you lose your mental competence.
One of the most common uses for an enduring power of attorney is in medical situations. Quite often people make a decision to appoint someone as a power of attorney so that they feel comfortable that their decisions are upheld in the event they were to be kept artificially alive against their wishes. For instance, an enduring power of attorney can be used to authorise an individual to take you off of life support if it is artificially prolonging your life. Due to the responsibilities associated, it is extremely important to select someone whom you have 100 percent trust in as your power of attorney.
