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ATTORNEYS UNDER ENDURING POWERS OF ATTORNEY - WHAT IS YOUR ROLE?

As an attorney appointed under an enduring power of attorney (EPA), you have important obligations to the person who appointed you ('the donor'). Some obligations are imposed at law, and some are imposed only if they are included in the EPA itself. These obligations include (but are not limited to) a duty to act to the benefit of the donor, a duty to consult and a duty to provide information on the exercise of your powers as attorney. Sometimes you will only be able to act as attorney in certain situations or will have conditions and restrictions placed on your authority to act.

Property attorneys must keep records of financial transactions entered into while the donor is mentally incapable, failing which, you may be liable for a fine of up to $1,000.

Each EPA is different, so it is important to carefully review each document to ensure you are able to comply with your obligations as attorney.

Written by Default at 09:00

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