A Power of Attorney (‘POA’) is a legal document which allows a person (referred to as the ‘principal’) to appoint someone (the ‘attorney’) to make decisions on the principal’s behalf for personal and/or financial matters. The principal determines the scope and duration of the attorney’s powers.
It is important to choose a trusted person, who is over 18 years of age and has decision-making capacity, to be your attorney.
Foreign POA for matters in Australia
A POA created in another country to deal with personal and/or financial matters in Australia will have to comply with the legal requirements here.
Common types of POAs in Australia are:
- General POA: power to make personal and/or financial decisions on your behalf for limited circumstances. For example, you may decide to appoint an attorney to sell your property on your behalf when you are overseas;
- Enduring POA: power to make personal and/or financial decisions for either when you lose mental capacity or immediately on making the enduring POA; and
- Supportive POA: power to assist you in making your own financial, personal and/or other decisions.
Each Australian state and territory has its own laws regarding POAs. However, a POA made in one state or territory may be valid in another. For example, Victoria recognises enduring POA made interstate if it complies with the law of that state or territory.
The best practice is to prepare new documents specific to the state or territory.
POA for Matters Overseas
Alternatively, if you live in Australia and would like to appoint an attorney to deal with your personal and/or financial matters in another country, the POA will have to comply with the laws of that country.
Depending on the country, a POA notarised in Australia by a notary public may be accepted overseas. Some countries may have further steps or additional requirements. For example, once is notarised, it would then need to be authenticated by the Department of Foreign Affairs and Trade and the Chinese Consulate.
We advise contacting a legal representative from the relevant country to understand the types of POAs available and the wording and procedural requirements. This ensures that the POA or a document equivalent to a POA is valid.
W Legal can help!
If you need to prepare a POA in Victoria to deal with your personal and/or financial matters, call our Wills and Estates lawyers on (03) 8566 9108 or email us at hello@wlegalgroup.com.au.
