Legally appointing someone to make financial decisions

This page provides a plain-English overview of the legal processes involved in planning ahead, as well as links to local information. To get advice about your individual circumstances it is recommended that you consult with one of the agencies referred to below or a legal professional.

How do I legally appoint someone to make financial decisions on my behalf?

  • You can do this by appointing someone under a Power of Attorney document for financial matters.
  • This type of Power of Attorney only allows the appointed person (the donee) to make financial decisions – not health or lifestyle decisions.
  • There are two types of Power of Attorney – General and Enduring.
  • A General Power of Attorney ceases to be valid if the person making it becomes “legally incapacitated” (being of unsound mind or being unable to communicate in any way), whereas an Enduring Power of Attorney remains valid even if the person becomes legally incapacitated in the future.
  • An Enduring Power of Attorney is the best one for people wanting to plan long-term and to cover themselves if they lose capacity to make their own financial decisions in the future.
  • The do-it-yourself Enduring Power of Attorney kit is a simple step-by-step guide to preparing your own Enduring Power of Attorney (see below).
  • If your finances are complicated or you are unsure about the process of completing the form, it is recommended that you get legal advice from the Legal Services Commission, private solicitors, community legal centres or the Public Trustee.

Links to local resources

To view information about Enduring Power of Attorney on the Public Trustee website, click here.

The do-it-yourself Enduring Power of Attorney kit, including the form is available from Service SA, here or by calling 13 23 24.
 

Step 3: Who will the doctor ask to give consent?