Posts Tagged ‘power of attorney’

Would you do this for your father’s money?

August 8, 2016

Protecting the elderly

Using an enduring power of attorney

People often find themselves looking after someone else’s money or property under an enduring power of attorney (EPA) but they are unsure what they are supposed to do. A recent High Court decision (1) demonstrates the risks of ignoring the strict duties which are imposed. Although this is an actual case the names have been changed for privacy reasons.

powerofattorney

Arnold was getting on a bit. His wife had died, one of his two sons had died also and Arnold was no longer able to live alone. Arnold had signed an EPA appointing his surviving son, Bert, as his property attorney. The High Court judge who heard this case explained what happened next:

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Parallel Trusts: Could be the best option for you

March 29, 2016

With the growth of multiple relationships and blended families many couples are having to consider ways to ringfence assets and protect inheritances. One option is to establish parallel trusts – so you each have your own trust for your share of the assets.

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Duties of an Attorney under an Enduring Power of Attorney

April 30, 2015

bribery for justice

Often people agree to accept the appointment as an attorney under an Enduring Power of Attorney (EPA) without really understanding what’s involved and what will be expected of them.

An attorney under an EPA is similar to a trustee or an executor. The person giving you power of attorney is placing trust in you to do the right thing. The law expects you to act selflessly in the interests of the person whose property or welfare you are looking after.

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Latest EJ Update

August 16, 2010

The latest EJ newsletter the EJ Update is available here. The latest Fineprint is available here.

This EJ Update includes information about:

  • The ‘Legal Warrant of Fitness’ a new and simple survey that ensures that your personal and business affairs are up-to-date
  • Changes to witnessing of enduring power of attorney documents
  • The Government’s proposal to do away with gift duty
  • Changes to the definition of ‘beneficiary income’

Changes make it easier to appoint an enduring power of attorney

August 9, 2010

A change to the enduring power of attorney law finds the balance between protecting rights and dealing with the real-life situations of older people, Senior Citizens Minister John Carter said today.

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