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I made an Enduring Power of Attorney some years ago that was witnessed by my friend Tom. Since that time Tom and I have become adult interdependent partners. A friend of mine mentioned that my Power of Attorney may not be valid. Is that right?
Yes. An Enduring Power of Attorney is a document that states how you would like your property to be dealt with if you become incapable of looking after it yourself. In particular you give someone called the Attorney, the power to look after the property.
The Adult Interdependent Relationships Act has amended the Power of Attorney Act to provide that an adult interdependent partner cannot witness a power of attorney in the same way that a spouse cannot. There is no provision for documents created before the amendments came into effect and the presumption is that it applies to all powers of attorney whenever they were made.
You should therefore make a new power of attorney witnessed by someone other than your adult interdependent partner. The same is true for personal directives (or living wills) made under the Personal Directives Act.
July 2003
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