Page 23 - You Magazine – Issue 1

Rani says it is also critical
when deciding who to appoint
as your Power of Attorney that
you consider who would be best suited to the role and not simply rely on your closest immediate family member or your neighbour because of their place in the family or the fact they have acted in the role for someone else.
Choosing someone you trust is of most importance.
“If you have more than one person you trust for the role
you can appoint two or three attorneys. If you're appointing multiple attorneys, it is important that they can work together. You may also appoint an attorney
as an alternative, such as your spouse first and then your children as substitute attorneys,” she says.
Regardless of your decision, your attorney has a legal responsibility to avoid conflicts between your interests and their own. They
are required to maintain proper records of their dealings with your
finances and property and keep your money and property separate from theirs.
Attorneys are legally obliged
to act in your best interest at all times and must not pay, give gifts or benefits to themselves or other people using your finances – unless you specifically say they can – although they can claim out-of-pocket expenses directly connected with carrying out their Power of Attorney duties.
LANSW says there are steps which can be taken if you believe your attorney is not looking after your affairs property.
The first, assuming you still
have the capacity, is to revoke your Power of Attorney. If you have lost capacity and your attorney acts dishonestly, improperly or is not acting in your best interests, it may be possible for your loved ones to apply to the Supreme Court for assistance.
“Someone else who is concerned about your welfare would need to apply to the courts
to have the attorney’s actions looked at and possibly have them removed as your attorney. This can be time-consuming and stressful and Supreme Court action is expensive, which is why it's so important to choose the right person in the first place,” LANSW says.
The law states that you must let your attorney know that
you are cancelling the Power of Attorney. It's best to do this in writing so that your intention is clear to everyone. If the attorney is not told, they can continue
to deal with your finances and property and you will be liable for any actions they take.
Above all, it’s important for all parties to remember that an adult with impaired capacity has the same human rights as other adults.
The right to make decisions is fundamental to the person’s dignity and includes the right to make decisions with which others may not agree.
You MAY 2020 23