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Powers of Attorney paper

Published on 13 Mar 13 by NATIONAL DIVISION, THE TAX INSTITUTE

The use of a power of attorney is often very important in the context of effecting/completing a commercial transaction or in the context of ensuring that a vacuum does not arise over commercial decisions. This paper covers:

  • what are the legal requirements?
  • who can be the attorney of a power of attorney?
  • the difference between irrevocable and revocable powers of attorney and common law powers of attorney and enduring powers of attorney
  • duties of an attorney
  • the impact of a loss of capacity by the donor
  • appointment of attorneys by trustees and companies
  • where it is permissible to use a power of attorney inthe context of an SMSF.

Author profile:

Susan Fielding

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This was presented at The 28th National Convention .

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