The kit includes the forms you'll need and explains how to complete and use them. The easiest way to make an enduring power of attorney is to buy an Enduring Power of Attorney Kit, developed by the Legal Services Commission.
SolicitorĮngage a solicitor - find a lawyer near you on the Law Society of SA website. The Public Trustee can prepare this documentation for eligible customers. There are a few ways you can make a power of attorney or enduring power of attorney. Revocation of enduring power of attorney form - Land Services SA (located under 'Registration forms') How to make a power of attorney You can cancel your enduring power of attorney at any time, as long as you still have legal capacity. If a person's capacity at the time of making a power of attorney may be in doubt, then it's best to get a doctor's written opinion confirming that the donor appeared able to understand the nature and effect of the document at the time of signing. You can't make a power of attorney after you have become legally incapacitated. Taking the time to make an enduring power of attorney means your financial affairs can be looked after by someone you know and trust. Enduring power of attorneyĪn enduring power of attorney is a power of attorney that continues to operate even after you become legally incapacitated, for example if you become of unsound mind or can't communicate in any way, perhaps after a stroke. If you want to have someone who can act for you if you become legally incapacitated, you must make an ‘enduring power of attorney’. You can't make someone your done against their wishes.Ī general power of attorney can be created for a specified time - otherwise, it ceases when you die or if you become legally incapacitated. You can still deal with all matters, while your 'donee' (the person you appoint to act on you behalf) can do the things you have authorised. Giving a power of attorney doesn't mean you lose control over your affairs. If you give another person a 'power of attorney', it means you give that person the power to act on your behalf (for example, to buy and sell things for you or operate your bank account). This may be because there's an immediate short-term need, such as an extended overseas trip, or a long-term need to plan for an aged person or someone with a disability or illness. There may be a time when it's necessary to appoint someone to manage your financial, medical or personal affairs.
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