Power of attorney
Last week I discussed trust and the operation of trust in the creation of a Power of Attorney, a document which allows another person to act for you – for example, signing documents to deal with your property or to spend your money.
Queensland established a world first late in the 20th Century, by introducing an ENDURING Power of Attorney to allow your chosen trusted person to continue to deal with your goods, possessions and MONEY while you were still alive but had lost reasonable capacity to act for yourself – especially mental capacity. Such a POA does not extend beyond death.
The power that an attorney holds can range from a capacity to do anything with your money, goods and chattels, to a very restrictive power to sign a single specific document on your behalf.
It goes without saying that the appointment of an attorney (not necessarily a lawyer) has a strong basis of trust that the appointed attorney will always do the right thing.
The courts are fairly busy dealing with breaches of trust. Must be humans at work!