Page Contents
1. What is a general power of attorney?
2. What power does it give?
3. What are the legal formalities?
4. Who can I appoint?
5. Can I change my donee?
6. When does it cease?
7. From where can I obtain a form?
1. What is a general power of attorney?
A general power of attorney is a legal document that authorises another person to manage your legal and financial affairs on your behalf.
The person making the general power of attorney is called the donor, and the appointed person is called the donee.
A general power of attorney can take effect from when and for long you choose. It can be for a specified time only, or it can be indefinitely.
2. What power does it give?
The powers given to the donee can be as extensive or as restrictive as you choose. For example, they can be responsible for all your financial and legal transactions including selling your house, or they can be responsible for only some, such as writing cheques and paying bills or signing a particular document.
3. What are the legal formalities?
For a general power of attorney to be valid, both the donor and the donee must
- be at least 18 years of age
- have sufficient mental capacity to fully understand the nature and meaning of the general power of attorney documents.
You don’t usually need a lawyer to make a general power of attorney unless your financial and legal matters are complex.
A general power of attorney form does not have to be signed in the presence of witnesses unless someone else has completed the form for you because you were physically incapable of doing so. If someone else has completed the form, it must be signed in the presence of two witnesses.
4. Who can I appoint?
You can appoint one or more people to be your donee. If there are two or more donees, you can appoint them jointly or jointly and severally.
If you appoint your donees jointly, they must all agree about any decisions made on your behalf, and they must all sign any cheques and documents.
If you appoint your donees jointly and severally, any one of them can make any decisions and sign any cheques and documents, or they can all do so jointly.
You cannot appoint an alternative donee to be a back-up person should your donee become incapacitated or die.
5. Can I change my donee?
If you want to appoint a new donee, destroy the existing general power of attorney (if it isn’t already out of date), and notify the donee and any other persons holding copies of the power of attorney that you are appointing a new person(s). Then, complete a new general power of attorney form showing the name(s) of the new donee(s).
6. When does it cease?
A general power of attorney is revoked (cancelled) when
- the donor or donee dies
- the donor becomes mentally incapacitated
- the donor terminates the authority or the donee resigns
- the expiry date is reached
- the donor is declared bankrupt.
7. From where can I obtain a form?
You can obtain paper copies of the general power of attorney form and the revocation form from larger newsagencies, law stationers, lawyers and the Office of the Public Advocate. Alternatively, you can download a form using this link. www.publicadvocate.vic.gov.au
Next Section: Enduring Power of Guardianship
