Consider whether to accept appointment
Before you sign the form accepting the grant of the power of
attorney in your favour you need to carefully consider whether you
should be doing this. It will be far easier if there is an
overall PLAN that has been addressed and the enduring power of
attorney has been drafted in such a way as to give effect to the
overall PLAN.
As a preliminary matter, it is in your interests to ensure that
the day nor has full legal capacity at the time of making the
enduring power of attorney. If there is any doubt, it would
be in your interest to have a capacity assessment. What you
want to avoid is making in carrying out decisions in relation to
finances, only to find work without authority because there was no
valid appointment in the first place!
The Public Advocate (in the EPA information kit) recommends of the
following questions be addressed when considering acceptance -
- Do I know the donor well enough to make decisions that would be
in line with their wishes and beliefs, and the decisions they would
make for themselves?
- Do I have a good understanding of the donor's finances?
- Do I know how to gain information about the donor's property
and finances including investments?
- Do I have a good understanding of how to maintain records of
expenditure, in case I am ever required to produce these
records?
- Do I understand what I would be required to do and am I
confident I could carry out the role?
- If I am being asked to be appointed as a joint attorney, can I
work with the other attorney to make decisions in the donor's best
interests?
- If I am being asked to be appointed as a joint and several
attorney, can I work effectively with the other joint and several
attorney to ensure we make decisions in the donor's best
interests?
- If the donor has made an enduring power of guardianship, can I
work with their enduring guardian?
- Has the donor given me copies of, or advised where they store,
other documents relevant to decision making such as their enduring
power of guardianship and advance health directive (if they have
made these powers)?
- Do I understand the obligations that I have as an
attorney?
A properly constructed and documented PLAN would make answering
these questions much easier than would otherwise be the case.
Whilst these questions may be a guide to the general type of
questions that should be considered, there will be particular
circumstances unique to each situation which will need to be
considered. It requires a careful look at the circumstances
concerning family and relatives, the particular set of financial
circumstances that exist and what is likely to have to be done in
the future. Are you the person who should do this?.
Other questions that might be relevant -
- Do I have the time available to do the tasks that are likely to
be required?
- Do I feel confident about my ability to make good
decisions?
- Who else should I consult about accepting such an
appointment?
- Should I seek professional advice before I accept the
appointment?
- Do I see any potential conflicts of interest that could arise
in the future?