Powers of Attorney - Frequently Asked Questions
Does the Power of Attorney have to start right away?
No. We can draft the Power of Attorney so that it only begins on the happening of a certain event. This is usually when you loose capacity. In this instance we may also require that your General Practitioner provide us with a medical certificate certifying that you no longer have the capacity to make decisions for yourself.
What is capacity?
Capacity means that you are able to understand, retain
Who should I choose to be my Power of Attorney?
your Power of Attorney should be someone who you trust implicitly. Your attorney's job is to act in your best interests, make decisions in accordance with your wishes. It is important that you discuss medical, financial and guardianship matters with your Attorney to ensure that they have a clear idea about the decisions you would have made if you had been able to.
When does a Power of Attorney stop?
A Power of Attorney will cease if you choose to revoke it. You must tell your previous attorney that the power is withdrawn and destroying the original and copies.
I live on the river - Do I need Powers of Attorney in both states?
This will depend on your own personal circumstances and is assessed by our Estate Planning team on an individual basis.
