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Specific conditions, limitation and instructions – Powers of Attorney

by | Apr 3, 2023 | Wills & Estates

You can specify how you want your attorney(s) to carry out their responsibilities to you and any  special conditions or limitations you want to apply to the decisions they make on your behalf.

You can also include particular instructions about what you would like your attorney to do.

Your attorney(s) must act in accordance with these instructions.

An example of a condition could be that should you have any large assets such as real estate or shareholdings, you can provide specific instructions on what your attorney can and cannot do with these assets.

Once the power to make decisions on your behalf begins, your attorney will have full control over any decisions unless you have explicitly limited their power or provided instructions accordingly.

However, please note that there needs to be careful consideration given to any limitations or considerations.  You do not want to make it too difficult for your attorney(s) to make decisions on your behalf and hinder their responsibility to manage your affairs.

You can also place certain conditions in your Appointment of Medical Treatment Decision Maker also.  Again, these need to be carefully considered and, it may be more appropriate in the circumstances to make an Advanced Care Directive which can provide both value directives (based on your wishes) and instructional directives (that any medical practitioner must follow).

Our team at Nevett Ford understand that appointing both Attorneys and Medical Treatment Decision Makers can be difficult and we will guide you through the process and assist you with any conditions, limitations or instructions you wish to include.  For more information, please contact us on 03 9614 7111 or by email at melbourne@nevettford.com.au.