NSW Guardian Tribunal Enduring Power of Attorney

An attorney is in an important position of trust the

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Unformatted text preview: lities of an attorney? An attorney is in an important position of trust. The attorney is legally responsible to you and must: • always act only in your best interests; • avoid doing anything as an attorney which would mean that their interests conflict with your interests; • obey your instructions while you are mentally capable and any directions you make in the enduring power of attorney; • act according to any limits or conditions placed on their authority; • not give gifts or give themselves or others a benefit using your finances unless you specifically authorise this; • keep their finances and money separate from yours; • keep accurate and proper records of their dealings with your finances or property. If your attorney abuses their position of trust, legal action can be taken to protect your interests. When does an enduring power of attorney start? You can choose when you would like your enduring power of attorney to start. You may want the enduring power of attorney to start immediately after you appoint the attorney or at some future date. When you make an enduring power of attorney, you should make it clear when you want it to start. If you do not make this clear, then the enduring power of attorney will start when the attorney accepts the appointment by signing the enduring power of attorney. When does an enduring power of attorney end? An enduring power of attorney ends: • when you revoke it (so long as you have mental capacity at that time); • on your death; • when you have only appointed one attorney and that attorney dies or can no longer act as your attorney; • when you have appointed two or more attorneys to act jointly and one of them dies or can no longer act as your attorney. Enduring Power of Attorney . . . A guide to assist you in planning for your future page 3. What level of capacity does someone need to make a valid enduring power of attorney? What powers can I give an attorney under an enduring power of attorney? To make a valid enduring power of attorney, the person making it must...
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