What Is The Process For Appointing A Power of Attorney?

September 12, 2023    Wills Lawyers Perth
What Is The Process For Appointing A Power of Attorney?

A power of attorney is known as a legal document that enables an individual to act on another person’s behalf as an attorney. When a person is enduring power of attorney in Perth, they will get the chance to sign legal documents on a person’s behalf.

Furthermore, people who act as the attorney will also have the power to manage all the affairs of another individual. There are multiple reasons why a power of attorney gets appointed.

Some of them are when a person becomes sick, travelling overseas for a long time and when one wants to entrust another individual who makes all the decisions on their behalf.

Appointing a power of attorney will enable the person to control the managing and spending of the person’s real estate, funds, shares, bank accounts and various other assets. When he/she is planning to whom they want to appoint, they should make the correct decisions.

Besides that, the decisions they make should be in their best interests, and all the records must stay accurate.

Whom One Can Appoint as the Power of Attorney?

When one wishes to appoint a “power of attorney,” it’s crucial to make sure that the attorney is over 18 years old and cannot make any lifestyle, health or personal decisions for them. The attorney should be a solicitor, a close buddy or a family member.

It will depend heavily on the person and what and how much power they wish to give to the attorney. Besides that, a general power of attorney gets appointed for a specific time. Their appointment becomes inactive when he/she does not have the power to make any decisions.

Furthermore, the “enduring power of attorney” will surely continue even when one loses their capacity. The Wills Lawyers in Perth say that one should use the enduring one when they want to give the power to a person to make all the decisions if they lose their capacity.

Appointing the Power of Attorney: The Process

To appoint someone as the attorney, one needs the help of a power of attorney lawyer to get the work done. But one can also get the appointment work done on the online platform within several minutes.

For the enduring and general power of attorney, he/she has to fill out the form, and it should be witnessed by the following:

  • License conveyancer
  • Overseas lawyer
  • An employee from a well-known trustee company
  • Registrar from the local court
  • Solicitor
  • Barrister

The individual who got to witness the form filling has to sign a certificate that states that he/she has properly explained the contents of the document and has understood it.

The appointed attorney will also sign all the documents so that they can accept the appointment before they get to play the part of the attorney.

Types of Documents That Should Be Signed Utilizing POA

The professional and reliable power of attorney lawyer in Perth WA, has pointed out that individuals can give power to a person to sign certain documents. These documents are:

  • Selling and purchasing shares
  • Executing the transactions of the real estate
  • Selling and purchasing vehicles and various other assets
  • Any monetary document

One can also appoint an individual as an attorney when it comes to doing things concerning “action” on behalf of him/her, and these are:

  • Paying up the taxes
  • Managing different types of personal assets
  • Managing and opening up the bank account
  • Gathering the mail and paying bills

Is a Power of Attorney needed for a Will?

Many individuals believe a POA [power of attorney] might be needed for their Will, but it’s not true. A power of attorney has no connection with the person’s Will, and every document is separated from one another, and each of them is designed for different things.

In general, a person’s Will contains information about the estate and what he/she wants to be done with it after they pass away. It also contains the names of all the heirs who will inherit the person’s share and how much and what part of the heirs will get.

The deceased estate will be managed by the executors, who will have the power to manage and administer the person’s Will. They will also make sure that one’s wishes are properly taken care of.

However, a power of attorney will not exist if the person who applied for the POA passes away. POAs are only valid when the person appointing the attorney is alive, and the Will becomes valid when the Will maker passes away.

Is It Possible for Many People to Act on Behalf of Someone?

The wills and estates lawyers in Perth have said that one can select more than one individual to act on their behalf. When he/she appoints their power of attorney, they decide whether they want the attorneys to act severally and jointly or just jointly.

Here, “JOINTLY” points towards the attorneys who have to agree to work together. When all the attorneys sign all the documents and agree to work together, it will be viewed as valid.

It will be a good choice to utilize this particular option during monetary matters so that you can avoid the disputes that usually occur over money. Severally and Jointly, on the other hand, means that the attorneys will get the opportunity to act alone or together.

So, all the documents that get signed by any of the attorneys will stand out as valid ones. One can utilize this option when the nominated attorneys are from overseas or different states, and it’s not at all practical for the attorneys to sign the documents together.

Summing Up

A power of attorney can be appointed by any individual. They can opt for the enduring or the general one based on their needs and wants. But before one gets to appoint an attorney, it’s important to speak with the Will Lawyers.

These lawyers have the knowledge and understanding about power of attorney and can provide him/her the guidance they need on such matters.

REQUEST A QUOTE NOW! Complete the form below for a fast response

  • Thanks Wills Lawyers Perth WA for your assistance regarding how to update a will. Very helpful along the way and Explained everything i needed to know about making a will. Definitely recommend Wills Lawyer Perth to all who needs legal advise regarding making a Will and will dispute.

    Holly Ransom
  • fantastic & quick legal service . i am more than happy to recommend you guys . Really appreciated the fact you got my friend will sorted within few days . Thank you so much wills lawyers perth WA for helping me

    sahil kumar
  • I fond wills lawyers perth to be very professional and knowledgeable. They took to the time and explained the entire process to me. Highly recommended wills lawyers in Perth and nearby area.

    Aiden Williams
Copyright © Wills Lawyers Perth. All Rights Reserved
Enquire Now
Call Us Now