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Property Law

General Legal Affairs

Enduring Power of Attorney
Personal and Property

An Enduring Power of Attorney provides the power to appoint a person to 'step into your shoes' and effectively act in your place when making decisions as to your property.  This is particularly important when, if you were to lose your mental capacity, you have someone to assist with managing your property affairs and make decisions as to your welfare.  Failure to appoint a person pursuant to an Enduring Power of Attorney would require the Family Court to make an Order in the event of mental incapacity, often at significant expense.  

Whether you are appointing an attorney to look after your personal welfare or to manage your property, careful consideration as to who would be appropriate and the scope of the power is needed. 

Protection of Personal Property Rights

If a loved one has suffered an illness or accident which has left them mentally incapable of managing their own personal care and welfare and/or property and they have not appointed an enduring Power of Attorney, an Order from the Family Court can be obtained appointing a property manager and/or a welfare manager.