A power of attorney is when you authorize others to work for you while you are alive. As opposed to the will, you authorize others to work for you after you die.
Type of authorization
There are two types of authorizations in Australia:
General Class Authorization General Power of Attorney
This type of authorization is your authorized agent to work for you when you are mentally conscious, known as the General Class Authorization, General Power of Attorney. Once you are unconscious, the power of attorney expires.
This kind of authorization is to authorize your agent to manage your property and financial affairs, and not to manage your lifestyle, medical care, and welfare when you are not conscious.
Persistent Class Authorization Enduring Power of Attorney
The other is that your authorized agent works for you when you are conscious or when you are not conscious, and this kind of authorization is called a lasting power of attorney, Enduring Power of Attorney.
This kind of authorization not only authorizes your agent to manage your property and financial affairs, but also manages your lifestyle, medical care and welfare when you are not conscious.
[法] scope of authority
Whether it is a general or persistent authorization, you can make a full authorization, or an event authorization.
Full authorization means that an agent can do anything for you; authorization for an event means that an agent can only do anything within the scope of that particular event.
eyewitness
A witness is required for any authorization, and the witness must bear witness to the signature of the authorized person.
In the general type of power of attorney, a person over 18 years of age may witness the signature of the authorized person; In an enduring power of attorney, the signature of the licensor must be witnessed by a solicitor or other authorized person, and the licensor's motivation must be verified and legal advice provided.
Registration authorization
Depending on the situation, the power of attorney needs to be registered with the relevant departments in Australia. For example, in a new state property sale, a power of attorney must be registered with Land and Property Information Office, the land department. Otherwise, a contract signed by an agent may be deemed null and void, and any party in the contract may terminate the contract before the property is closed.
Disauthorize
You can remove the authorization in writing at any time when you are awake, otherwise, the power of attorney will remain valid. If the power of attorney has been registered, registration, then, the release of the power of attorney also need to be registered, registration.
Authorization invalidation
