Montane POA
Frequently asked questions
▶ What is a Montane POA?
▶ Why have an attorney?
▶ What are the duties of the attorney?
▶ What happens if I don’t have a Montane POA?
▶ Who can make a Montane POA?
▶ What types of decisions can your attorney make?
▶ Are there any decisions I can’t delegate to my attorney?
▶ Can I limit my attorney’s powers?
▶ Can I have more than one attorney?
▶ Whom should I select as my attorney?
▶ Do I have to pay my attorney?
▶ When does the attorney’s power begin?
▶ How much control will my attorney have?
▶ How long does the power continue?
▶ What if my attorney is not acting in my best interests?
▶ What happens to my Montane POA if I get married?
▶ When do I need to update my Montane POA?
▶ I have additional questions about Montane POA. Who can I contact?
What is a Montane POA?
With Montane POA you can delegate someone to make financial and legal decisions on your behalf. There are several types of POAs. The most common is the Enduring Power of Attorney (EPA), which allows someone to make, and continue to make, decisions for you if and when you’re of unsound mind.
Why have an attorney?
There may be times when you can’t make financial and legal decisions for yourself. For example, you might be overseas or too ill. In these times, your attorney can step in and act on your behalf. If you do not have an attorney, there will need to be a costly and time-consuming application to the court so that someone can be appointed. Where there are disputes about who should be appointed, or where the court decides an applicant or applicants are not suitable to act, a government official may be appointed to make decisions for you.
What are the duties of the attorney?
The person you appoint as attorney has several responsibilities. These include:
- to act with reasonable diligence to protect your interests
- to keep accurate records or all dealings and transactions made on your behalf
- to not renounce their role when you do not have capacity, except with the permission of the State
- in all other circumstances, to let you know in writing if they no longer want to be your attorney.
What happens if I don’t have a Montane POA?
Without Montane POA and you are in a situation where you cannot make decisions for yourself, the court will appoint an attorney. The attorney may be a member of your family. However, if there are disputes within the family about who should have the power, if the person applying is bankrupt or insolvent or if the court foresees a reason for disagreement between applicants, the court will appoint its own guardian. This means a stranger will be following government guidelines to make decisions for you.
Who can make a Montane POA?
To make a Montane POA, you must be at least 18 years old and of sound mind.
To avoid any doubt, many people obtain a medical certificate to confirm they are of sound mind before they begin.
What types of decisions can your attorney make?
An attorney can be given the power to make decisions about your:
- personal / health matters only (eg. where and with whom you live, whether or not you work, how you dress and what you eat, or consent for a certain type of health care)
- financial matters only
- both personal / health matters and financial matters.
Are there any decisions I can’t delegate to my attorney?
There are some special personal and health matters you cannot give your attorney power to make decisions about, such as:
- a decision about your Will
- appointment of someone else as your Attorney
- voting at elections
- consenting to adoption or marriage
- donation of body parts
- sterilisation
- termination of pregnancy
- permission to be part of health Research or experimental health care
- certain types of psychiatric and health care.
Can I limit my attorney’s powers?
Yes. Montane POA allows you to specify decisions you do not want your attorney to make.
You can also limit your attorney by giving specific instructions about what you’d like your attorney to do. For example, you might request to be placed in a specific type of care facility when you no longer have the ability to live alone.
Can I have more than one attorney?
Yes. Montane POA gives you the ability to have up to three attorneys. Plus you can choose how you want them to act. For example, they can act jointly, by majority, severally (they can all make decisions on their own) or in succession, which means one acts until their power ends, then another takes over.
Whom should I select as my attorney?
The main criterion is to choose someone you trust. Most people choose their spouse or children, but you may choose simply to appoint someone based on their expertise and ability to carry out the role. For example, they need to be able to keep accurate records of dealings and transactions.
There are some restrictions. For example, your attorney must be over 18, can’t be your paid carer or healthcare provider and for financial powers, must not be bankrupt or insolvent.
Do I have to pay my attorney?
No, not unless a trust company is acting as your attorney.
When does the attorney’s power begin?
With a Montane POA you can choose when you would like your attorney’s power to begin. It may be immediately, on a certain date or on a certain occasion.
How much control will my attorney have?
Your attorney has the power to make most of the decisions you yourself are able to make unless you have limited their power. Effectively, they legally stand in your place in terms of their power to make decisions.
How long does the power continue?
For personal/health matters, for as long as you do not have capacity to make your own decisions.
For financial matters it continues until revoked.
What if my attorney is not acting in my best interests?
If you are concerned about decisions your attorney is making, contact our support desk.
What happens to my Montane POA if I get married?
Unless your spouse was your attorney, your POA is revoked when you marry. You need to order a new PoA to reflect this change in circumstances.
When do I need to update my Montane POA?
Certain events revoke your Montane POA, which means you need to get a new one:
- you get married
- you get divorced and the attorney power was given to your former spouse
- you make a later inconsistent document
- you employ your attorney as your paid carer or healthcare provider
- your attorney withdraws by written notification or permission from the courts
- your attorney becomes bankrupt or insolvent
- your attorney dies
- your attorney loses capacity.
I have additional questions about Montane POA. Who can I contact?
To get the extra information you need, you can contact our helpdesk.
Additional Product Support Information
Visit Montane POA Support for more information.