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If you're going overseas for an extended period or planning to move to another country, you may want to appoint your friends or family to look after your properties and other assets in Northern Territory. This will not only save you a trip back to your home country periodically but also save your money.
In this guide we will explain what exactly a general power of attorney is, how it works and where to get free templates.
What's in this guide?
- What is the general power of attorney (NT)?
- When should I use a general power of attorney (NT)?
- A general power of attorney (NT) vs advanced personal plan (NT)
- What does a general power of attorney (NT) include and not include?
- How effective is a general power of attorney (NT)?
- Do I need a lawyer for a general power of attorney (NT)?
- Get access to customisable general power of attorney (NT) templates online
- How do I write a general power of attorney (NT)?
- Where to get free legal documents and templates such as a general power of attorney (NT)
What is the general power of attorney (NT)?
A general power of attorney (NT)) is a legal document where the 'principal' or 'donor' appoints an 'attorney' or 'donee' to make financial decisions on their behalf. These financial decisions include selling or renting your house or paying your bills. Attorneys can be someone close to you, such as a family member or friend, as long as they are not financially dependent on you.
A general power of attorney can only be created when the principal is of sound mind and able to make decisions. The document is deemed invalid when the principal loses their capacity to make a decision or they die.
In case of land transactions, the attorney must register themselves under the Land Titles office before they can act on the principal's behalf.
Download this template at Lawpath
When should I use a general power of attorney (NT)?
To use the general power of attorney (NT) document, the principal's property and financials must be in NT's jurisdiction.
You, as a principal, should use the general power of attorney when you are going overseas for a long period and want to entrust someone with your financial decisions. The appointed attorney will be able to pay your bills, invest your money and buy or sell your assets. You can also use a general power of attorney when you want to free yourself from any financial burdens for a while.
To craft a power of attorney document, the principal must be capable of making decisions and be of sound mind.
A general power of attorney (NT) vs advanced personal plan (NT)
A general power of attorney and the advanced personal plan are different types of powers of attorney. They differ in their extent of power, validity and responsibilities of the attorney.
A general power of attorney is only capable of making financial and related legal decisions on the donor's behalf, and this binding document is only valid until the donor revokes it, dies or is no longer capable of making decisions.
An advanced personal plan generally comes to effect when the donor is incapable of making their own decisions due to age, illness or accident. When this happens, the attorney is capable of making lifestyle, legal and financial decisions on their behalf. Here, the attorney has the power to decide what treatment the donor must go through and where they must invest their money. The donor can appoint an attorney to start making decisions on their behalf straight away or at some point after they are incapable of making their own decisions.
What does a general power of attorney (NT) include and not include?
The document is a legal and formal form that includes a description of the powers of the attorney.
The document includes:
- A statement acknowledging the appointment of the attorney and that they are 18 years or older.
- A description of powers stating the powers and the extent of power given to the attorney.
- Date of commencement of the powers and the validation period of the document. If there is no fixed end date to the document, it becomes invalid when the principal loses their capacity to make decisions or dies.
- Signatures of the witness, principal and all the attorneys. Witnesses include Justice of the Peace, Commissioner for Oaths, a police officer or a solicitor.
- The document does not give any other powers to the attorney except financial controls.
How effective is a general power of attorney (NT)?
Once signed by all the parties, the form becomes a legal document that is valid in court in case of a dispute.
Do I need a lawyer for a general power of attorney (NT)?
A general power of attorney does not need a lawyer to be crafted. However, as it is a legal document, you may want to get it checked by a lawyer once you have filled out the form. In cases of financial transactions, it is better to get legal advice to avoid disputes in the future.
Get access to customisable general power of attorney (NT) templates online
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How do I write a general power of attorney (NT)?
You can write a general power of attorney (NT) yourself. However, you should make sure there are no mistakes, or it will be invalid. If you are writing the document, it is advisable to get it checked by a lawyer. Alternatively, you can download the general power of attorney forms from verified websites.
A power of attorney form in NT needs to be filled out and signed in pen (not electronically) and submitted in person or by mail at the Land Tiles office.
Where to get free legal documents and templates such as a general power of attorney (NT)
You can download general power of attorney forms from the NT government website or you can customise your general power of attorney document from Lawpath. Here you can sign up for free and print the document to be filled out by pen.
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