Power of Attorney kit (SA)
Power of Attorney kit (SA)
Give someone that you trust the authority to make your financial, medical or personal decisions. Use this kit to make all the power of attorney documents that you need, helping you to save time, money and stress.
✓ General power of attorney
✓ Enduring power of attorney
✓ Advance care directive
✓ Step by Step instructions
✓ Simple explanation of the law
✓ Easy to complete
✓ Type or handwrite
✓ Prescribed and up-to-date forms
What's in this kit?
This kit includes an information booklet, written by an expert Lawyer in plain language and the following forms:
General Power of Attorney: Easy to edit Word template (instructions in fields)
For legal/financial decisions whilst you still have capacity. For example, you may want to give someone a General Power of Attorney to purchase a property whilst you are overseas.
Enduring Power of Attorney: Easy to edit Word template (instructions in fields)
Gives another person the power to manage your legal/financial and continues to operate should you lose capacity.
Advance Care Directive - Fillable PDF - easy to complete fields
An ACD is used to appoint an Attorney (called a Substitute Decision Maker) to make health, medical or personal decisions in South Australia. Includes a handy wallet card.
What issues are covered?
The information guide covers the following issues:
- Different types of Powers of Attorney
- Explanation of different types of matters
- Who can be an Attorney
- What an Attorney can and cannot do
- How to complete a Power of Attorney
- How to sign a Power of Attorney to ensure its valid.
HOW IT WORKS
- Download and save to your computer
- Follow the instructions
- Print and sign
- Register your POA (if required).
What is a Power of Attorney?
A Power of Attorney is a legal document that appoints another person to manage your financial and legal affairs and act on your behalf. In SA, an Enduring Power of Attorney does NOT cover medical/health care and/or lifestyle/personal matters. Personal matters include very intimate choices about things like where you live and what you wear and eat. The person you appoint may be referred to as an 'Attorney.' This is an expression and it does not mean that the person is a Lawyer or Solicitor.
What are the different types in SA?
In SA, there are 3 main types of Powers of Attorney, a General and Enduring Power of Attorney and an Advance Care Directive (ACD). A General Power of Attorney is used to appoint a person to make your financial/legal decisions and is automatically cancelled if your decision making ability becomes impaired. An Enduring Power of Attorney can be used to appoint a person to make financial decisions and continues to operate if your decision making ability becomes impaired. An ACD can be used to appoint a person to make medical, personal and lifestyle decisions only if your decision making ability becomes impaired.
Can an Enduring POA be used to make medical decisions?
No. In SA, you must appoint a substitute decision maker in an ACD to make your personal or medical/health care decisions. Prior to the changes in the law in 2014, these were known as appointing an enduring guardian.
Why do I need an Enduring Power of Attorney?
If there is no valid Enduring Power of Attorney or ACD in place, an administration order may need to be made to control a person's financial affairs. For most people, it's preferable to have the choice about who will make decisions on their behalf, rather than allow those decisions to be made by a court, where they have little say and no control over the process. Having a valid POA in place will help ensure that someone you trust, and not the courts, make your decisions if you are unable to communicate your wishes to others.
Does a POA have to registered?
If you want your Attorney to deal with land or real estate, your POA document should be registered with the land titles office where the land is held. There is usually a small fee to register a POA document.