Granting Power of Attorney


Unforeseen circumstances such as illness or injury can prevent you from making decisions for yourself. By granting a power of attorney in advance, you will have peace of mind knowing that your personal possessions and finances are managed by someone who will act in your best interests.

It is also wise to grant a power of attorney prior to extended travel so that someone you know has the authority to handle your financial affairs while you are away, should the need arise.

It is important to understand TRAF does not have the authority to carry out requests from your spouse/partner, family member or others, unless you have made power of attorney arrangements and TRAF was provided with a copy of the document granting power of attorney.

Who should be granted power of attorney?

Your designated power of attorney should be someone you trust. It is often a spouse, adult child or family member. You may also wish to appoint joint attorneys or an alternate attorney.

What types of power of attorney are there?

  • An "enduring" power of attorney continues if you become mentally incapable of handling your property, and must include a special clause to that effect.

In addition, the power of attorney may be General, Limited or Springing.

  • A "general" power of attorney grants the attorney authority to manage all financial affairs and assets.
  • A "limited" power of attorney is restricted to a particular type of asset or specifies a fixed interval of time during which the power is valid.
  • A "springing" power of attorney is one that comes into force on a specified date or on the occurrence of an anticipated contingency, such as incapacitation.

We encourage you to consult with a lawyer to ensure that you have the appropriate power of attorney in place.

What should my power of attorney do if I become incapacitated?

If you are no longer able to make financial decisions, your attorney should provide a copy of the power of attorney to TRAF.