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 practitioner.
How do I legally appoint someone to make financial decisions on my behalf?
- You can do this by appointing someone as an attorney with a Power of Attorney document.
There are four different forms you can use for this purpose:
- General Particular Power of Attorney
- General Power of Attorney
- Particular Enduring Power of Attorney
- General Enduring Power of Attorney.
- The last of these – General Enduring Power of Attorney – is the one most relevant for people wanting to plan long-term and to cover themselves if they lose capacity in the future.
- The General Enduring Power of Attorney gives your attorney full power to act on your behalf on all matters relating to property and finance even if you lose mental capacity.
- A General Enduring Power of Attorney is valid only after it is registered in the Power of Attorney Register administered by the Recorder of Titles.
- Any Power of Attorney only allows the nominated person(s) to make financial decisions – not health or lifestyle decisions.
- You may want to get legal advice when completing a General Enduring Power of Attorney, especially if your financial circumstances are not straightforward. You could get this from a private solicitor or trustee, a community legal centre or the Public Trustee.
Links to local resources
To view information about Enduring Power of Attorney on the Public Trustee’s website, click here.
To download a factsheet about Enduring Powers of Attorney, click here.
The Tasmania Public Trustee can be contacted here