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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
• 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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