General Power of Attorney (Australia)
This General Power of Attorney is designed for use in Australia. This legal form is available for immediate download.
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The word "attorney" is not used here to mean "lawyer". The person acting as the Attorney-In-Fact for the Principal does not need to be a lawyer. A Power of Attorney can be anyone you appoint and this legal document can be revoked at any time.
Among others, this General Power of Attorney includes in the following provisions:
- Name and Address of the Parties: Identifies the parties to this legal document;
- Powers Granted to Agent: Sets forth the specific powers granted to the Agent under the Power of Attorney
- Effective Immediately: The Power of Attorney becomes effective immediately;
- Termination and Revocation: \ The Power of Attorney will terminate upon the death, disability or incapacitation of the Grantor and can be revoked at any time;
- Revocation: Stating that the Power of Attorney can be revoked at any time;
- Signatures: Must be signed by the Principal and two witnesses.
Protect Yourself and your Rights by using our professionally prepared up-to-date forms.
This lawyer prepared packet includes:
- General Information
- Instructions and Checklist
- General Power of Attorney for use in Australia
General Power of Attorney (Australia)
Product Details
| Product | General Power of Attorney (Australia) |
| Country | Australia |
| Pages | 9 |
| Dimensions | Designed for Letter Size (8.5" x 11") |
| Printer compatibility | Designed to print on all ink-jet and laser printers |
| Editable | Yes (.doc, .wpd and .rtf) |
| Format |
Microsoft Word |
| Platform |
Windows Compatible Mac Compatible Linux Compatible |
| Availability | In Stock. Instant Download |
| Usage | Unlimited number of prints |
| Category | General Power of Attorney |
| Product number | #34986 |
| Download time | Less than 1 minute (approx.) |
| Document Access |
Via secret online address Email with download links Email with attachment upon request |
| Refund Policy | 60 days, no-questions asked, 100% money back guarantee |
Frequently Asked Questions
Power of Attorney FAQ
What is a Power of Attorney?
A Power of Attorney is a legal document whose sole purpose is to authorize one individual to act on another’s behalf. The creator of a power of attorney is known as the Grantor or Principal (hereafter referred to as the "Grantor") and the person receiving its powers is known as an Agent or Attorney-in-Fact (hereafter referred to as the "Agent"). Some Powers of Attorney also allow a successor to be named in the event the original Agent is unable to act on the Grantor's behalf.
Once a Power of Attorney is in effect, it creates an agency relationship between the Grantor and the Agent until the Power of Attorney is revoked, expires or upon the death of the Grantor. However, different Powers of Attorney vary in the types of powers that are granted.
What types of Powers of Attorney are there?
There are numerous types of Power of Attorney forms including, but not limited to:
- General Power of Attorney: allows the Agent to handle all of your business, financial, health and legal affairs during the period of time designated by you. This Power of Attorney gives sweeping powers and should be entered into only after careful consideration.
- Durable Power of Attorney: allows the Agent to handle your affairs in the event you become disabled or incapacitated. This Power of Attorney remains in effect until it is revoked or the death of the Grantor.
- Durable Power of Attorney (Effective Immediately): allows the Agent to handle your business, financial and legal affairs immediately upon signing (not when you become incapacitated). It remains in effect until it is revoked or the death of the Grantor.
- Power of Attorney for Health Care: is limited in scope because it allows the Agent to only make decisions that affect a Grantor's health and well-being.
- Power of Attorney for Real Estate: allows an Agent to make decisions solely regarding the purchase or sale of real estate.
- General Power of Attorney with Specific Termination Date: allows the Agent to handle your affairs but terminates on a specified date. This type of Power of Attorney is often used by individuals who travel for business or single parents who must leave their children in the care of others.
What is a Statutory Power of Attorney?
A Statutory Power of Attorney is based on language contained within a specific state statute.
When does a Power of Attorney become enforceable?
Most Powers of Attorney become enforceable upon execution by the Grantor. However, each state has its own requirements regarding execution and enforcement of the document. Many states require that the document be signed in the presence of a notary and two witnesses while others require only one witness.
If a person is incapacitated and a Power of Attorney does not exist, then the Agent may ask a court to impose conservatorship on behalf of the Grantor.
There is no prerequisite to have a Power of Attorney filed in a court in order for it to be enforceable. If the Power of Attorney is drafted and executed in accordance to applicable laws, then it is an enforceable and legally binding document.
Should I let my family or other individuals know that I have given Power of Attorney to another?
If appropriate, the Grantor can inform family members or other interested parties that a Power of Attorney has been signed and that specific powers were given to the Agent. However, if the Grantor is incapacitated or unable to do so, the Agent needs to disclose the existence of the Power of Attorney to interested third parties.
When is a Power of Attorney in effect?
When a Power of Attorney will take effect is determined by language within the Power of Attorney itself. The Power of Attorney can become effective either immediately or through a springing effect.
The Immediate Effect means the Power of Attorney becomes effective on the date of execution of the Power of Attorney.
The Springing Effect means a Power of Attorney becomes effective when a specific event occurs, such as the Grantor's disability, illness or injury.
How can a Power of Attorney be revoked?
The Grantor can revoke a Power of Attorney in several ways: (i) by enforcing and fulfilling the revocation provision in the original Power of Attorney document; (ii) by signing a separate document stating that the Grantor now revokes the powers previously granted to the Agent; or (iii) by drafting a new Power of Attorney that will revoke any and all prior written Powers of Attorney.
What is the effect of revoking a Power of Attorney to third parties?
Typically it is the Agent's responsibility to disclose any revocation of a Power of Attorney to third parties that may be affected. Until such revocation is disclosed, the Power of Attorney is deemed to be in effect.
When is a Power of Attorney terminated?
A Power of Attorney is terminated at the time of expiration, revocation or upon the death of the Grantor (although some Power of Attorney powers may survive the death of the Grantor).
Is This Form Right For You?
Use This Form If:
- Individuals who are traveling abroad may need a General Power of Attorney to ensure that their financial and legal matters are managed in their absence. This document allows a trusted person to handle transactions such as paying bills or managing investments while they are away.
- Situations requiring medical decisions often necessitate a General Power of Attorney. If someone becomes incapacitated and cannot make healthcare decisions, this document empowers an appointed agent to make those critical choices on their behalf.
- For those managing an estate, a General Power of Attorney can be essential. It allows the appointed agent to handle the deceased's financial affairs, ensuring that debts are settled and assets are distributed according to the wishes of the deceased.
- Business owners may utilize a General Power of Attorney to delegate authority to a trusted employee or partner. This enables the agent to make decisions regarding contracts, financial transactions, and other business-related matters when the owner is unavailable.
- In cases of disability, a General Power of Attorney is crucial for ensuring that someone can manage the affected individual's affairs. This legal document provides peace of mind that personal and financial matters will be handled appropriately.
Do Not Use If:
- – This form is not appropriate for individuals who wish to grant limited powers to their Agent. If specific powers are needed, a Limited Power of Attorney should be considered instead.
- – In situations where the Principal is not mentally competent to understand the implications of granting power, this form should not be used. A legal guardian or conservatorship may be necessary.
- – If the Principal requires a Power of Attorney solely for healthcare decisions, a Medical Power of Attorney is more suitable than a General Power of Attorney.
- – This form should not be used if the Principal is under undue influence or coercion. The decision to grant power must be made freely and voluntarily.
- – In cases where the Principal wants to appoint multiple Agents with conflicting powers, a General Power of Attorney may lead to confusion and should be avoided.
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