Enduring Power of Attorney

An 'Enduring Power of Attorney' is a legal document in which one person gives another the legal authority to make financial and legal decisions on their behalf. An Enduring Power of Attorney can only be made by a person whilst they are still capable of making those legal and financial decisions for themselves.

An Enduring Power of Attorney must be signed while a person still has legal capacity. It will remain effective even though they may subsequently suffer loss of capacity due to disability or illness. Once capacity is lost through disability or illness, an Enduring Power of Attorney cannot be signed or revoked.

Giving the Public Trustee an Enduring Power of Attorney enables proper management of a person's financial affairs when the nominated person loses this ability. The Public Trustee can:

• Collect income
  As required, the Public Trustee will collect and account for client's income, including dividends from shares, rents, pensions, entitlements and interest from bonds, debentures, investments in the Public Trustee's common fund or any other source.
  
  
• Pay accounts and bills
  The Public Trustee methodically attends to the payment of client's bills, including accommodation, rents, rates, repairs to properties, gas, phone, electricity, medical, hospital and nursing home charges.
  
  
• Manage real estate
  The Public Trustee provides a complete property management service when real estate is placed in its care. This includes rent collection, regular property inspection, body corporate representation, attending to local authorities' requirements as well as repairs and maintenance. Valuations and sales are arranged as required.
  
  
• Prepare taxation documents
  The administration of financial affairs requires a specialised knowledge of law and accounting, especially as it relates to taxation. The Public Trustee's qualified staff can complete all necessary taxation documents, including income tax returns and capital gains tax registers as required.
  
  
• Provide legal services
  The Public Trustee ensures its clients have access to any legal service they may require.

Last Updated: 25-Mar-2009