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GENERAL POWER OF ATTORNEY

Philip Grano, Legal Officer, Office of the Public Advocate

A general power of attorney is used by a person (called the "donor") to authorise another person (called the "donee" or "attorney") to make decisions in relation to the donor's financial and legal affairs. The extent and duration of the authority depends entirely on what is included in the terms of the document as to when it expires and what the donee is expected to do.

Unless the document specifies a date on which the authority will cease, the authority lasts until the donor chooses to withdraw it, or the donee chooses to resign (preferably in writing), but is automatically terminated when the donor dies, or if they become bankrupt or incapable of making reasonable judgments due to some type of disability (see: s.104 & Schedule 12 Instruments Act 1958 (Vic)).

For the document to be validly executed, the donor must be over 18 years old and must be able to understand:

  • the nature of what they are signing;
  • the powers granted to the donee; and
  • what powers are retained by the donor.

GENERAL POWER OF ATTORNEY :: Last updated: Thu Jul 1st 2010