Page 77 - Estate Planning Documents

Further Information
Joint attorneys

1. Attorneys who are appointed jointly are only able to act and make decisions together.

2. Attorneys who are appointed jointly and severally (i.e. together or separately) are able to act and
make decisions independently of each other. If you specify a simple majority (if you appoint 3 or
more attorneys) a simple majority must agree before they act.

Substitute attorney/s

3. If you appoint a substitute attorney, they will only have the authority to act as your attorney if the
first appointed attorney dies, resigns or vacates their position.

A substitute attorney must sign an acceptance of their appointment in Clause 7 before they can act
as attorney.

If you have appointed a substitute attorney, it may be helpful that some sort of documentation
evidencing the vacation of the original attorney is attached to this power of attorney, when that
vacancy happens. This will assist to satisfy a third party that the substitute attorney is entitled to
act for you.

Attorney vacates office

4. Section 5 of the Powers of Attorney Act 2003 states that there is a vacancy in the office of attorney
if the attorney dies, resigns, becomes bankrupt, loses mental capacity or the authority to act is
revoked.

Additional Powers (clauses 2a, 2b and 2c)

5. Attorneys are not authorised to benefit from your assets or confer benefits on others with your
assets unless authorised to do so in your document.

If your attorney has the authority to give reasonable gifts under clause 2a, these gifts can only be to
your relative or close friend and be of a seasonal nature or special event e.g. a birthday or
marriage; or be a donation you would have made when you had capacity. The gift’s value must be
reasonable given your financial circumstances and the size of your estate.

If your attorney has the authority to confer benefits on themselves for their reasonable living and
medical expenses under clause 2b, these expenses include those relating to housing, food,
education, transportation, medical care and medication. The benefit must be reasonable given
your financial circumstances and the size of your estate.

If your attorney has the authority to confer benefits on a named third party for that party’s
reasonable living and medical expenses under clause 2c, these expenses include those relating to
housing, food, education, transportation, medical care and medication. The benefit must be
reasonable given your financial circumstances and the size of your estate.

Additional information

6. For information on powers of attorney, the attorney's duties and registration, contact Turnbull Hill
Lawyers on 02 4904 8000.
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