Enduring Power of Attorney

An Enduring Power of Attorney, unlike an ordinary Power of Attorney, comes into affect after the individual becomes mentally incapacitated.

Enduring Powers of Attorney can be made in two forms.

'Property' in this context may include a student's financial affairs, including the ability to act on the student's behalf with StudyLink.

Under this form, the person granting the Power of Attorney can decide when the power may be used: namely, as soon as the Power of Attorney is signed and continuing in the event of mental incapacity, or deferring it until the student becomes mentally incapacitated.

Once this type of Power of Attorney is invoked, the student loses the legal ability to exercise the rights given to the 'attorney'.

Only the Power of Attorney or Enduring Power of Attorney has the ability to sign a document/application on the student's behalf.

Even when an Enduring Power of Attorney is provided, you should also request that the 'Appointment of an agent form' be completed.

This provides StudyLink with information which may used to identify the agent when they contact StudyLink.

While it is preferable that this occurs, it cannot be insisted upon.

In these cases, the agent (the 'attorney') should complete the form, and the student's declaration will be left blank.

The agent also needs to provide two forms of identification.

For more information see:

Once started, an Enduring Power of Attorney will continue to operate unless it is revoked by the student.

This can be done at any time provided they have full capacity, or where this is not the case, by the Court if it is satisfied that termination is in the best interests of the student.