Power of Attorney - what's right for you, legal advice, Kenny Spring Solicitors

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By granting a Power of Attorney you allow someone to sign legally binding documents on your behalf, giving them authority to look after your financial decisions whilst you are alive.

A Power of Attorney is a legal document that you can use to appoint someone to manage your financial and legal affairs while you are still alive.

By granting a Power of Attorney you allow that person or organisation to sign legally binding documents on your behalf, and give them authority to look after financial decisions such as paying bills, selling or renting property or managing investments.

There are different types of Power of Attorney, and our experienced Wills and Estate team will help you make the right decisions for your particular situation. They will make sure all your concerns around the management of your financial affairs are met and can guide you in making the right appointment, providing practical and independent advice so that you have complete confidence in knowing your wishes are being met.

General Power of Attorney

A general Power of Attorney is granted when you may need someone to look after your financial affairs for a specific period of time, for example, while you are away overseas or if you need to go to hospital. A General Power of Attorney is only in effect while you can make decisions for yourself.

Enduring Power of Attorney

An Enduring Power of Attorney is right for you if you want someone to continue looking after your financial affairs even after you or lose the ability to make decisions for yourself. This may be important to you if you are elderly or unwell. An Enduring Power of Attorney only has responsibility for financial decisions, not decisions about lifestyle or medical treatment. Decisions about lifestyle and medical treatment are made by an Enduring Guardian.

For further information and advice about which type of Power of Attorney is appropriate for your needs please get in touch with our experienced Wills and Estate lawyers.

Who Can Help You

Jenny Furner Senior Paralegal
Teghan Barber Paralegal

News & articles

What is a Power of Attorney?
04 April 2022

In this article, we look at a Power of Attorney, and an Enduring Power of Attorney to help clear up some of the confusion when it comes to Estate Planning!
ESTATE PLANNING 101 | WHAT’S THE DIFFERENCE BETWEEN A POWER OF ATTORNEY AND ENDURING GUARDIAN?
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It is a fact that on average we are living longer and as a consequence it is more likely that many of us may suffer periods of deteriorating health and some of us may suffer declining mental health.
ESTATE PLANNING 101 | WHO IS ELIGIBLE TO CONTEST A WILL?
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Last week I commenced discussing Family Provision claims. In this week’s article I will expand on the six categories of eligible persons.
ESTATE PLANNING 101 | WHAT HAPPENS WHEN A FAMILY DOESN’T AGREE WITH A WILL?
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Ever since Cain and Abel there has been conflict between families and over the next few weeks, I plan on explaining what happens when a family member’s expectations are not meet by a deceased relatives Will.
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What happens to my Estate if I die without a valid Will?
ESTATE PLANNING 101 | WHAT IS INTESTACY? (PART 1)
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In a previous article I discuss 10 reasons why you should have a valid Will and one of these reasons was to avoid intestacy.
ESTATE PLANNING 101| HOW DOES MARRIAGE OR DIVORCE EFFECT YOUR WILL?
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If you’ve recently been married, getting married, or separating, this article will help clear up what you need to know regarding your Estate Planning.
ESTATE PLANNING 101 | WHAT AGE CAN YOU MAKE A WILL?
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In this article I will also be covering what happens when a witness is a beneficiary of a Will?
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WHAT IS A WILL, WHAT MAKES A WILL VALID AND WHAT ASSETS YOU CAN LEAVE IN YOUR WILL? (PART 2)
ESTATE PLANNING 101 | THE BASICS
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WHAT IS A WILL, WHAT MAKES A WILL VALID AND WHAT ASSETS YOU CAN LEAVE IN YOUR WILL? (PART 1)
ESTATE PLANNING 101 | 10 REASONS WHY YOU SHOULD HAVE A WELL DRAFTED WILL
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The New South Wales Government estimates that only 55% of Australian’s have a valid Will.
ESTATE PLANNING 101 | WHEN THERE IS A WILL, THERE IS A PLAN
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Introducing Peter McManus, Wills and Estates Planning Solicitor with Kenny Spring Solicitors who will be writing a series on: Estate Planning 101, over the coming few weeks.
NEWS | Kenny Spring Solicitors ‘Winter Wills’ in Support of Veritas House
By Angus Edwards 28 June 2018

Kenny Spring is pleased to announce that for the month of July, 10% of fees generated from any new and existing Wills, Power of Attorney or Enduring Guardian drafted at Kenny Spring Solicitors will be donated to local charity Veritas House.
Wills 101 - Who Gets My Superannuation When I Die?
By Angus Edwards 15 December 2017

Many are surprised that superannuation does not automatically come into an estate. This is because only assets you own, such as a house, car, investments, or savings, become your estate. Superannuation on the other hand is held in a trust by the trustee of your super fund and is governed by Commonwealth superannuation law, which is why different rules apply.
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While most adults are both competent and cognizant, there are some instances where someone may not be able to make a Will.
Wills 101 - How do I win an Estate Challenge?
By Angus Edwards 13 November 2017

The rules for challenging an estate are strictly enforced by the Supreme Court. Not only must a person establish they are an eligible person within the definition of section 57 of the Succession Act to challenge an estate, but they must also bring a claim within the time limit allowed by the legislation.
Wills 101 - What is a Family Provision Application?
By Angus Edwards 07 November 2017

A Family Provision Application, or FPA for short, is lawyer speak for challenging an estate. Technically, there are two kinds of estate litigation: challenging the Will document itself; or challenging the distribution of the estate.
Wills 101 - What is an Executor?
By Angus Edwards 24 October 2017

Being an executor to a Will is a very special role, and it’s more than just a job. Technically, it refers to a person or institution appointed by a testator to carry out the terms of their Will. Put simply, this involves making sure their debts are paid and that their assets and possessions go where the testator wanted them to.
Wills 101 - What does an Executor Do?
By Angus Edwards 24 October 2017

Generally speaking, the duty of an executor is to properly preserve the estate assets, to pay out all debts, and transfer the income and capital to those who are entitled to them under your Will or according to legislation or court order.
Wills 101 - How Does Divorce or Separation Impact my Will?
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Your Will can be impacted by a change in your relationship status. How, and how much will depend on the type of relationship, the nature of the separation, and even the date of separation or divorce.
Wills 101 - Does Getting Married Affect My Will?
By Angus Edwards 16 October 2017

The effect of marriage on a Will depends on the terms contained in the Will. If you have a Will that you have signed before you get married, then the marriage automatically revokes your Will.
Wills 101 - What is an Enduring Guardian?
By Angus Edwards 04 October 2017

An Enduring Guardian is a person (or persons) you appoint within your Will to give directions on your chosen lifestyle, health, and medical decisions which you have already made.
Wills 101 - What is a Power of Attorney?
By Angus Edwards 18 September 2017

A Power of Attorney is a legal document in which you appoint a person (or trustee organisation) of your choice to manage your assets and financial affairs. This power operates while you are alive.
Kenny Spring Supports Bathurst Meals on Wheels through its 'Winter Wills' Initiative
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Kenny Spring is pleased to announce that during the month of July, 10 per cent of fees from any new Wills that are drafted will be donated to the Bathurst Meals on Wheels charitable organisation.
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In the third and final part of this series on blended families, I look at different kinds of practical options that can be used for distributing and dealing with your assets..

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