From 1 September 2015, a new type of power of attorney is now available. A person (referred to as the principal) can now appoint a “supportive attorney” who can:

  1. access, collect or obtain information to assist the principal to make a decision;
     
  2. communicate any information on behalf of the principal that is relevant or necessary to the making of or giving effect to a decision; and
     
  3. do anything that is reasonably necessary, to give effect to a decision.

Importantly, the supportive attorney’s role is to assist the principal make decisions and cannot make decisions for the principal.

The supportive attorney can only act for the principal while the principal has decision making capacity. The supportive attorney loses power to act if the principal loses decision making capacity.

If you want to know more about the new supportive attorney contact:

Justin Hartnett
Principal
Harwood Andrews
T: 5225 5220
E: jhartnett@harwoodandrews.com.au

Andrew Robson
Principal
Harwood Andrews Ballarat
T: 5329 6920
E: arobson@harwoodandrews.com.au

Stefan Manche
Associate
Harwood Andrews
T: 5226 8542
E: smanche@harwoodandrews.com.au