An Enduring Power of Attorney (POA) is a legal document. It allows you to appoint a person to make decisions about your assets. The POA deals with your assets e.g. real estate and bank accounts.
A South Australia Enduring Power of Attorney is a legal document. The SA Enduring POA allows you to appoint a person to make decisions about your assets in SA and bank accounts.
The SA POA is an “economic” document. Your SA Enduring POA does not deal with your health treatment or lifestyle. To do this, instead, build a South Australia Medical POA on our website. Also, the person receiving your SA EPA cannot:
* vote in any elections
* make a Will
* sign another POA
* act as a Trustee
* control your body (you need to build a POA for lifestyle on our website for that)
However, the person getting your SA EPA, can open and close bank accounts, pay debts, and buy and sell land. This is provided it is in your ‘best interests’ to do so.
Here are some examples:
The persons you appoint walk into the bank and present to the bank clerk with your Savings Account book and your South Australian POA. Your clerk stares blankly at them. He sees his bank manager. The manager explains to the clerk that those persons “now stand in your shoes”. They can do whatever you could do with the bank account. The bank manager asks to take a copy of the SA POA for future reference. The manager tries to keep the original SA POA but the persons you nominate decline and get back the SA POA. The transaction on the account takes place.
You tell the persons that you nominated, to sign a lease agreement. You are on holidays overseas and email is unavailable. Your attorney contacts the landlord. They:
1. tell the landlord that there is an SA Enduring POA
2. tell the landlord that they are signing the lease on your behalf
3. they sign in their usual signature area and write under the signatures “signed as attorney for *your name* under an SA Power of Attorney dated ## Month, year”.
You are now bound to the lease. The landlord may photocopy the SA POA to attach to the lease.
For legal advice telephone us. We are a law firm. We can help you answer the questions as you build your SA POA.
Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
Australia wide law firm
Mobile: 0477 796 959
Direct: 08 6389 0400
Reception: 08 6389 0100
National: 1800 141 612 SA EPA
Email: [email protected]