Powers of Attorney

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As with Wills, it is essential that everyone has arranged Powers of Attorney. There is an old adage that at a certain time in life, mostly in old age, that there comes a time to “get your affairs in order”. The advice is correct, except that the time to get your affairs in order is as early as possible. We cannot know what we will be confronted with in life and just as a Will is necessary at the end of life, Powers of Attorney are essential throughout life.

There are two essential Powers of Attorney:

Medical Treatment Decision Maker: This ‘Power of Attorney; enables you to appoint someone who will have the legal authority to act on your behalf in terms of medical treatment should you be unable to act for yourself. This is a crucially important support which will be in place should it be needed at any time during your life.
Enduring Power of Attorney: The enduring Power of Attorney enables you to appoint someone who will have the legal authority to act on your behalf in relation to your financial and personal affairs should you be unable to act for yourself. This Power of Attorney should sit side by side with the Medical Treatment Decision Maker and is equally crucial support should it be needed at any time during your life.

Our advice is that you should review your Powers of Attorney every five years to ensure they are current and reflect your current circumstances and in the event of any significant change in your life such as marriage or divorce.

Refer to our Handbooks titled: ‘Wills & Estate Law : Why Should I Make A Will?’; ‘What is the role of an Executor/Executrix?’