Power of Attorney

A Power of Attorney is a formal legal document, authorising one person to act on behalf of another person. It can be general, for example, allowing the agent to look after all financial matters, or specific, such as managing a bank account while the client is overseas.

An individual granted a Power of Attorney over the affairs of a client may have the right to act as the client's agent when dealing with Work and Income, Senior Services or Housing Assessment. In such cases it is important to:

get the 'attorney' to complete a Certificate of Non-Revocation that certifies that:
- they have been appointed the client's attorney and
- to the best of their knowledge the Power of Attorney has not been revoked
check what powers are granted by the document
confirm what these powers will enable the agent to do on the client's behalf, in terms of dealing with Work and Income, Senior Services or Housing Assessment and
select the rights and responsibilities in the client's record in CMS

Note you must add the date the Power of Attorney was signed to the comments field for the Agent.

If a client wishes to grant an agent the full legal right to make all decisions on their behalf, you should recommend that they arrange for a Power of Attorney between themselves and the agent.

Consult your Service Delivery solicitor if you are unsure of the nature of a Power of Attorney document.

Complete 'Appointment of an Agent' form

Even if a Power of Attorney is provided by the client or the agent, you should also request that the 'Appointment of an Agent' be completed as this provides us with information which may be used to identify the agent when they contact Work and Income, Senior Services or Housing Assessment. While it is preferable that this occurs, it cannot be insisted upon.

For more information see:

Appointment of an agent form

Client not present or has not signed 'Appointment of an Agent' form

If a person wishing to act on behalf of a client provides a Power of Attorney form when the client is not present, they should be requested to complete the 'Appointment of an Agent' form, however the client's declaration will be left unsigned. If possible, it is also advisable you contact the client by phone to ensure they are aware of their attorney's actions.

Enduring Power of Attorney

An Enduring Power of Attorney, unlike an ordinary Power of Attorney, comes into effect when a person is determined to be mentally incapacitated.