My husband & I are moving my father down to Adelaide from Northern NSW as he needs to be closer to family for assistance

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Customer: Good evening, my husband & I are moving my father down to Adelaide from Northern NSW as he needs to be closer to family for assistance with living etc and he wants to change his power of attorney to my husband from his current POA in NSW. I believe there is a particular firm that needs to be filled out & signed but don't know what form or where to get one from. Can you please help? Warm regards ***** *****
JA: Have you talked to a New South Wales lawyer about this?
Customer: No we haven't and have very limited time & money when we go there to pack & clean his house to come down here.
JA: What steps have you taken so far?
Customer: None yet. My father has just said he wants my husband tobe his new POA when he comes here to live.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: His current POA has also confirmed this step is the right one for my father
Answered by John Melis in 5 mins 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Customer
Help yes please
Customer
Hi John
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John Melis, Expert

What's your husband needs to do, is revoke the current power-of-attorney, and then have a new drafted power-of-attorney prepared by a lawyer.

Revocation of the power must be in writing revoking the power that was issued.

There is little difficulty, as between principal and attorney, where the principal delivers to the attorney a written direction unambiguously revoking the power. At general law, the attorney’s authority vis-à-vis the principal comes to an end as soon as notification is received. Although a written notice of revocation is the most foolproof way of effecting this outcome, the case law supports the proposition that an oral notification, or even termination by implication, can be effective. In each case, an oral or implied revocation should, to avoid potential confusion in the mind of the attorney(s) and third parties, be confirmed in writing as soon as possible.

Once the notice is issued power is revoked and the person has control of their funds again.

The revoking has been done then a new power-of-attorney can be drafted immediately.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community. v

Customer
This sounds a bit confusing and we only have 3 days while in NSW to clean & pack my fathers 3 bedroom house before we move him here. This process sounds lengthy. Dies the current POA beed to sign anything? He will actually be away at the time of our visit to move dad.
Customer
Sorry John I don't have $85 to talk to you. As previously mentioned we have little time & money
Customer
Can a justice of the peace activate these proceedings?
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John Melis, Expert

Okay there are two steps in your very important matter.

The first step is to revoke the power-of-attorney this must be done.

The second step is to engage another lawyer to assist in drafting a new power-of-attorney so it's correctly positioned in what your husband needs.

The power-of-attorney must be signed by the lawyer.

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