IMPORTANT DATES
29 November 2008
AGM
Burwood RSL
1.00 pm
21 March 2009
Advisory Meeting
Burwood RSL
1.00 pm
19 September 2009
Advisory Meeting
Burwood RSL
1.00 pm
POWERS OF ATTORNEY - IN NSW
See Powers of Attorney Act 2003, No 53
WHY THE NEED FOR POWERS OF ATTORNEY
Appointing someone as your "Attorney" or "Guardian" is a safeguard for yourself and your loved ones as they act on your behalf in accordance with your instructions, for example during your extended stays overseas, or while you are in hospital or a nursing home.
Giving Power of Attorney means your interests are protected whatever may occur in the future, by someone you trust, rather than by some government bureaucrat, who becomes involved when no Attorneys or Guardians have been appointed.
GENERAL POWER OF ATTORNEY
Is used when you, the donor, want someone, the donee (over the age of 18 years), to act as your agent regarding your assets, financial and legal affairs.
The extent and duration of the General Ppwer of Attorney depends on what is included in the document.
A General Powers of Attorney lapses if the donor becomes mentally incompetent.
An Authorised Person (e.g. Justice of the Peace) is an appropriate person to witness the signing of a General Powers of Attorney document, but anybody can witness another persons General Powers of Attorney.
ENDURING POWER OF ATTORNEY
Is used when you, the donor, require someone, the donee (over the age of 18 years), to act as your agent, authorising them to do, on your behalf, anything that you may lawfully authorise an attorney of law to do.
An Enduring Power of Attorney does not lapse if the donor becomes mentally incompetent.
A solicitor, barrister or Chamber Magistrate must witness the signing of an Enduring Powers of Attorney document, and complete a certificate on the document, that both the donor and donee signed the document voluntarily in the presence of the witness, and that each appeared to understand the effect of the Enduring Powers of Attorney.
ENDURING GUARDIAN
An Enduring Guardian must act within the principles of the Guardianship Act, 1987. It is used when you, the donor, appoint someone, the donee, to make personal or lifestyle decisions on your behalf when you are not capable of doing this yourself.
For example,
- deciding the place (such as a specific nursing home, or the appointor's own home) in which the donor is to live,
- deciding the health care, including the doctor, that the donor is to receive,
- deciding other personal services that the donor is to receive, and/or
- giving consent to carrying out medical or dental treatment.
The person you appoint as your EG should be someone you can trust to make decisions in your best interests.
A person is not eligible to be appointed as your EG if he or she is, in a professional or administrative capacity, directly or indirectly responsible for, or involved in, the medical care or treatment of the yourself (or if he or she is the spouse, parent, child, brother or sister of a person so responsible or involved).
The EG must be witnessed by a legal practitioner, or the Clerk of a Local Court and this witness certifies that both donor and donee signed the Enduring Guardian document voluntarily in the presence of the witness, and that each appeared to understand the effect of the content of the Enduring Guardian.
NOTES
A Power of Attorney or Enduring Guardianship may only be given to persons over the age of 18 years and can be revoked at any time by giving notice, in writing to the donor and lodging a copy at the Registrar General.
All Powers of Attorney end when the donor dies or becomes bankrupt.
In all instances the original document must be kept safe by the person acting with any Power of Attorney, and both the donee and the donor should also keep a copy of the document.