Important Changes to Powers of Attorney and Advanced Health Directives

wills-deceased-estates

The Powers of Attorney Act 1998 has recently been amended to change the forms we are currently using for Enduring Powers of Attorney (EPOA) and Advanced Health Directives (AHD).

As a consequence, new forms for both EPOA and AHD have been issued and must be used to prepare both documents, from 30 November 2020.  From 30 November 2020, the Titles Office will not register EPOA’s signed after that date, which use the old form(s).

The presumption that all adults have decision making capacity, until proven otherwise, will remain as fundamental.

However, attorneys must always avoid entering a conflict transaction unless authorised by a Court or Tribunal. For example, if you are the Attorney for your Aunt, you cannot buy her car nor can any of your family members buy her car without the permission of the Court or Tribunal.

The prohibition against paid carers being appointed as an attorney, also remains.

A welcome addition will be, in addition to interstate Powers of Attorney, the recognition of New Zealand Powers of Attorney, from 30 November 2020.

If you have any queries or need some help with preparing your Power of Attorney or Advanced Health Directive, please phone Jacelyn or Amanda at our office on 07 5530 5700. 

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