Power of Attorney FAQ - Australia-SA

Power of Attorney FAQ - Australia-SAPower of Attorney FAQ - Australia-SAGeneral InformationWhat is a Power of Attorney?A Power of Attorney is a document in which one rolle (the Donor) appoints another person (the Attorney) to act for him or her. There are many reasons why you might want to appoint someone else to look after your financial affairs. For example, if you are going to be out of the country for a lengthy period of time, you might want someone to do your banking while you are gone. If you are approaching old age, you may want to give a Power of Attorney to a person you trust so that he or she can manage your property for you.What are the differences between enduring and ordinary Powers of Attorney?There are two major types of Powers of Attorney ordinary and enduring.An ordinary Power of Attorney is only valid as long as the Donor is capable of acting for him or herself. If the Donor dies or becomes mentally incompetent, the Power of Attorney is invalidated.An Enduring Power of Attorney remains valid even if the Donor later becomes mentally incompetent. (notenzeichen the Donor must be competent at the time the Power of Attorney is made.)In either case, the Power of Attorney becomes invalid when the Donor dies. A Power of Attorney cannot be used to bequeath property upon the death of the Donor.What are the differences between general and specific Powers of Attorney?A general Power of Attorney is one that gives the Attorney the authority to do anything the Donor could do him or herself. A specific Power of Attorney is one that gives the Attorney authority to act for a particular purpose. (For example to buy or sell a particular piece of property.)Will a Power of Attorney leise be valid after the Donor dies?NO. Generally Speaking, when a person dies, the Executor (also called a Personal Representative) appointed in the persons Last Will and Testament takes control of the deceased persons property and distributes it according to the instructions in the Wil l. If there is no Will (or if the Will is invalid), each jurisdiction has intestacy legislation that distributes the deceased persons property to his or her relatives according to a set of rules. A court generally appoints an Administrator to oversee this process. Unfortunately, the deceased persons wishes are not taken into account during the process (which can be very lengthy), since they have not been formally expressed in the proper manner.Will a Power of Attorney allow me to appoint someone to make welfare and medical decisions on my behalf?In most of Australia, powers of attorney do not give someone the right to make decisions about your welfare or medical treatment. Usually, a medical power of attorney or anticipatory directive is required to deal with non-financial matters. The exception to this rule is found in Australian Capital Territory and Queensland. In the Australian Capital Territory you can use your Enduring Power of Attorney to appoint someone to run your everyday affairs (other than property and money) and consent to medical treatment and medical donation while you are incapacitated. In Queensland you can use your Enduring Power of Attorney to appoint someone to make personal and health decisions when your capacity is impaired.The DonorWho is the Donor?The Donor is the person who needs someone else to act for him or her. The Donor must be an adult. The Donor must be capable of making his or her own decisions at the time the Power of Attorney is executed (signed).What is incapacity?A person is incapable of managing property if the person is unable to understand information relevant to making a decision about the management of property, or if the person cannot appreciate the foreseeable consequences of making (or not making) a decision about the management of property.The AttorneyWho is the Attorney?The person appointed by the Donor is called the Attorney. The Attorney is the person who acts for the Donor.Does the Attorney have to be a lawyer? No, there is no need for the Attorney to be a lawyer. (See below for Attorney qualifications.)What qualifications does an Attorney need to have?The Attorney must be a capable adult. The Attorney cannot be an undischarged bankrupt. The Attorney should not be the owner, operator or employee of a nursing home or extended care facility in which the Donor is a resident.What qualities should I look for in an Attorney?Your Attorney must be someone whom you trust completely. In addition, remember that your Attorney will have complete authority to deal with your financial and legal affairs (subject to any limitations or restrictions specified in your Power of Attorney). You should ensure that the person you choose has adequate financial management skills and sufficient time to handle your affairs properly. Your Attorney must be available when required, be able to objectively make decisions and be able to keep accurate financial records.What are the responsibilities of my Attorney?Your Attorn ey has the following responsibilities to act in your best interest to keep accurate records of dealings/transaction undertaken on your behalf to act for you with the utmost good faith and to avoid situations where there is a conflict of interest and to keep your property and money separate from their own.Is it okay to appoint a relative as Attorney?Yes, people often appoint relatives as Attorneys.Can my Attorney also be a beneficiary in my will?Yes.What are Joint or Joint Several Attorneys?Sometimes a Donor will want to appoint two Attorneys. In that case the Donor must decide whether the Attorneys will be joint Attorneys or joint and several Attorneys. Joint Attorneys must act together. They must both agree before any action can be taken, and they must both take the saatkorn action at the same time. If one is absent, no action can be taken. Joint and several Attorneys can act together or individually. Either one can take an action without consulting the other. If one is absent, th e other can still act.Place and TimeWhat is Jurisdiction?A jurisdiction is a place that has its own laws. It is a territory with boundaries, such as a state or a province. For example, California is a jurisdiction in the United States, Ontario is a jurisdiction in Canada, Scotland is a jurisdiction in the United Kingdom and Queensland is a jurisdiction in Australia.What is the Governing Law?A Power of Attorney is governed by the law of the jurisdiction where the actions of the Attorney will be performed. Normally, this is the place in which the property of the Donor is located. Therefore, it is not a good idea to appoint an Attorney who resides in a different jurisdiction, unless the property or assets you want the Attorney to deal with are also in the different jurisdiction. If you anticipate that your Attorney will be acting in more than one jurisdiction, you should probably make separate Powers of Attorney for each jurisdiction.Examples If your bank accounts and other property ar e located in the jurisdiction where you live, you will want to appoint an Attorney who lives in the same jurisdiction. If you live in one jurisdiction but have a bank account or other property someplace else, and you want an Attorney to deal with that property, you will want to choose the place where the property is located as the governing law, and appoint an Attorney who is located in (or is willing to travel to) the same jurisdiction as the property.When does a Power of Attorney start?A Power of Attorney can start on a date specified in the document, or upon the occurrence of an darbietung (such as disability or incompetence). If there is no specified date or event, a Power of Attorney starts immediately upon execution.NOTE Some jurisdictions do not allow powers of attorney that start on the occurrence of an event.How/when does a Power of Attorney end?An ordinary Power of Attorney ends automatically when the Donor becomes mentally incapacitated or dies. An Enduring Power of Attor ney ends automatically when the Donor dies. As long as you are mentally capable, you may revoke your Power of Attorney at any time by notifying your Attorney (in writing) that the Power is revoked and destroying the original Power of Attorney. Otherwise, a Power of Attorney continues in effect indefinitely, unless the document specifies an end date.Can I revoke my Power of Attorney after I have become incompetent?A person who is incompetent cannot revoke an Enduring Power of Attorney. However, an ordinary Power of Attorney is automatically revoked when the Donor is found to be incompetent.How do I revoke my Power of Attorney?You can revoke, or cancel, a Power of Attorney by giving your Attorney a written notice saying that his or her power has ended. Also, you may make a new Power of Attorney that states your previous Power of Attorney is now revoked (but you must still notify the previous Attorney of the revocation). Third parties (e.g., people or organisations that have been deali ng with the Attorney) must also be notified. Additionally, if your Power of Attorney is registered you must also register the revocation.Please note that if you fail to inform your attorney of the revocation, your Attorney can legally continue to make decisions on your behalf.PowersShould I put restrictions on my Attorney?When you give a general Power of Attorney, you give your Attorney the authority to do anything you could do yourself, with a few exceptions - such as areas where you possess skills that your attorney doesnt (e.g. if you are a dentist, you cannot authorise your Attorney to practice dentistry on your behalf). But there may be some things you would prefer your Attorney did not do. For example, you may want to require that your Attorney get prior approval from you before signing cheques for large amounts on your account.Should my Attorney be allowed to personally benefit from managing my assets?If the person you are appointing as your Attorney is also a member of your family or a beneficiary in your will, you may want that person to be able to personally benefit from managing your assets, since you intend that person to become owner of the assets eventually. Generally, however, it is probably not a good idea to allow your Attorney to personally benefit from managing your assets as this creates a conflict of interest for your Attorney, who is legally obligated to act in your best interest, not his or her own best interest.What can the Attorney do?The Attorney may transact business respecting the Donors property in all areas specified by the Donor.Is the Attorney obligated to do anything?Generally speaking, the Attorney is not obligated to act for the Donor. However, in some circumstances the Attorney may agree, in writing, to accept an obligation to take action when necessary. When the Attorney acts on behalf of the Donor, the Attorney must act in the best interest of the Donor.Does my Attorney have the authority to act while I am still available and able to take care of my own finances?Generally speaking, a Power of Attorney is effective as soon as it is executed (signed and witnessed, etc.) whether or not the Donor is available or able to handle his or her own affairs. However, the document might specify that it will only be effective under certain conditions. For example, some Powers of Attorney specify that they will not come into effect unless and until the Donor has become mentally incompetent to handle his or her own finances. Note Some jurisdictions do not allow Powers of Attorney that commence upon the occurrence of a condition or event such as mental incapacity.Signing DetailsWhat does it mean to execute a document?When a person executes a document, he or she signs it with the proper formalities. For example If there is a legal requirement that the signature on the document be witnessed, the person executes the document by signing it in the presence of the required number of witnesses.How should I sign my Power of Attorney document?To be valid, you must sign the document with your usual cheque signing signature. You should also initial each page of the document. The signing and the initialing of the pages must occur in the presence of your notary or witness(es).After you have signed and initialed your document in front of your notary or witness(es), your notary or witness(es) must sign on the applicable page of the Power of Attorney and should initial each page. This must occur in your presence.Can anybody act as a witness?Your witness(es) cannot be your spouse, partner, child, your Attorney or alternate Attorney, or the spouse of your Attorney or alternate Attorney. Some jurisdictions disallow witnesses that are mentioned in your will, either as beneficiary or executor/executrix. You should generally avoid having witnesses that have any financial relationship with you. The witness(es) must be of legal age in your jurisdiction, they must have capacity and be mentally capable of managing their property and making their own decisions.Who can Witness an Enduring Power of Attorney?In South Australia, it is required that Enduring Power of Attorney be witnessed by 2 people who are 18 years of age or older. In addition one of behauptung people must be authorised by law to take and receive statutory declarations or affidavits. This may include either a justice of the peace or barrister or solicitor of the Supreme Court.Does it matter where the Power of Attorney document is signed and witnessed?If your document will be used in a different jurisdiction - but not in a foreign nation - there is no problem with having the document signed and witnessed where you live, rather than where the document will be used. The witnessing requirements (number of witnesses required, whether or not notarisation is needed) should still be those of the place where the Power of Attorney will be used, however.Can I use my Power of Attorney in a different state/territory?Some territories and states hav e mutual recognition provisions in their Power of Attorney legislation which provide portability of powers within Australia. Before trying to use a power of attorney created in a different jurisdiction review the legislation of the jurisdiction where you wish to use the power of attorney to ensure that your Power of Attorney will be accepted.What if my Power of Attorney will be used in a foreign nation?If your document is intended to be used in a foreign nation, you may have to have it authenticated or legalised. This is a process whereby a government official (e.g., the Secretary of State, the Foreign Office, the Office of the Attorney General - depending on where you live) certifies that the signature of the authority (e.g., notary or solicitor) on your document is authentic and should be accepted in the foreign nation. For more information about document authentication and legalisation, contact the local consulate/embassy of the foreign country your document will be going to, or one of the following government web sitesUnited States https//travel.state.gov/content/travel/en/legal-considerations/judicial/authentication-of-documents/office-of-authentications.html/Australia dfat.gov.au/brisbane/index.htmlOther Considerations Do I have to pay my Attorney?Depending on the kind of relationship you have with the person who will be acting as your Attorney, you will have to consider whether they should be paid for their services. You can stipulate in your document that your Attorney will not receive any payment except the reimbursement of out-of-pocket expenses, or you can agree to pay your Attorney a specified amount. If you prefer, you can authorise your Attorney to pay him or herself a reasonable amount for acting for you. However, you do not need to pay your Attorney for the power to be effective. Generally, payment is only made when a trust company or other professional person/organisation is acting as your Attorney.Should I have my Attorney prepare financial s tatements?You can require your Attorney to prepare periodical financial statements and send them to your accountant, lawyer or some other person you choose. This is a good deal of work, however, and most people do not require it of unpaid Attorneys.Note Attorneys should keep records of their actions.What are co-owned assets?If your Attorney is a family member, you may be joint owners of property. It is important to state this in your document, so that third parties dealing with your Attorney understand that the Attorney is entitled to co-own assets with you. Otherwise, the co-owning of assets could give the impression of impropriety.Do I have to record or register my Power of Attorney with the Land Titles Office?Generally speaking, a Power of Attorney has to be registered with a land titles office/department if it could affect real property (land or other real estate). For example, if the Attorney is authorised to mortgage or sell the Donors real estate, or to purchase real estate o n behalf of the Donor, the Power of Attorney will probably have to be registered at the appropriate office. Usually there is a fee for registration of the document. Additionally some jurisdictions provide stricter registration requirements. In Tasmania, all Powers of Attorney (whether general or enduring) must be registered with the Recorder of Titles. In Northern Territory, all Enduring Powers of Attorney must be lodged at he Registrar-Generals Office.Is any stamp duty payable on my Power of Attorney?In South Australia powers of attorney are exempt from Stamp Duty under the Stamp Duties Act 1923.

Office Assistant Skills List With Examples

Office Assistant Skills List With ExamplesOffice Assistant Skills List With ExamplesOffice assistant positions can be found in all industries, and share a rather large set of skills. Office assistants are sometimes known as secretaries or administrative assistants, but what they do is assist in the functioning of an geschftszimmer. Whether the arbeitszimmer belongs to a law firm, a medical practice, an educational institution, or a corporation, the needs are similar somebody has to file records, maintain schedules, and take care of routine communication on behalf of the people who use the office. That somebody could be you. Office Assistant Job Responsibilities While office assistant positions are generally similar to each other, the job is still variable - it just varies from day to day, rather than from office to office. Today you might act as a receptionist, tomorrow might require repairing the printer, and the day after that, youll have to bring the whole filing cabinet into the twenty-first century. Youll need a very broad skill set to succeed. Office assistants are among the great unsung heroes of the business world, because when you do your job right, nobody notices- the office appears to run itself. But some people enjoy the fast-paced yet flexible work, the feeling of being at the heart of everything. And a good secretary can still find work almost anywhere, in any kind of organization. How to Use Skills Lists You can use ansicht skills lists throughout your job search process. First, the names of these skills function as keywords, so use as many as you can when writing your resume. Dont rely on hiring supervisors to figure out that you have what they want, tell them directly. Second, you can use these same keywords in your cover letter. Focus specifically on the ones your prospective employer cares about most. Youll have to do your research, because while office assistant jobs are often similar, hiring supervisors vary in their priorities. Th e job description will probably include a list of required skills. Pay attention to it. Finally, you can use this discussion to plan your interview. Make sure you have ready at least one example for a time you demonstrated skills from each category listed here. It may also help to review our lists of skills listed by job and types of skill. Top Office Assistant Skills Verbal Communication Skills Communication is a critical soft skill for an office assistant. You will have to interact with your supervisor, fellow office staff, the professionals you assist, and possibly clients or people in other offices of the same organization. You all work as a team, and you are its main communication hub. Youll need to be cheerful, helpful, well-informed, articulate, and a good listener every day. Answer PhonesClient RelationsCommunicationForwarding Phone CallsMessage TakingRouting Phone CallsSwitchboardTelephoneVerbal Communication Written Communication Skills Most office assistants write a l ot. They might write memos, fill out forms, or draft letters or emails. Some create content for the company website or edit text for others. Clear, professional written communication is a must. CorrespondenceEmailMailMailingsTypingWord ProcessingWritten Communication Friendliness An office assistant might be the first person a client sees upon entering the office. If the offices primary occupant happens to be out at the moment, the office assistant might be the only person the visitor interacts with. You must be ready to greet every visitor with a smile and a kind word and to help them with whatever they need so far as you are able. So, good interpersonal skills are a necessity. Customer ServiceDirecting VisitorsFlexibleFriendlyGreet GuestsInterpersonalPositive AttitudeReliabilityWelcome Visitors Technology Skills In the old days, secretaries did a lot of typing. Times have changed and so has technology, but office assistants can still expect to spend plenty of time in front of a ke yboard. Instead of a typewriter, youll have to know your way around a variety of software applications. Knowing how to do some light tech support and how to fix a recalcitrant printer doesnt hurt, either. ComputerExcelInternetMicrosoft OfficeMicrosoft WordQuickBooksTechnology Organization Office assistants must be extremely organized to effectively to juggle their many tasks. Youll need to help keep other people organized, too, from maintaining calendars to keeping the office orderly. Administrative SupportAppointmentsBillingCalendarsClericalData EntryDelivering MailElectronic FilingExpense ReportsFilingFront Desk OperationsMoney HandlingOffice DutiesOffice EquipmentOffice Supply InventoryOffice SuppliesOffice SupportOrganizationPaperworkShipping Problem Solving Skills Problem solving, or critical thinking skills, are important for any office assistant, as youll often be the person others come to with questions or issues. Coordinate Office ActivitiesMeetingsProblem Solving SkillsRes pond to InquiriesSchedulingScreening and Directing CallsSpreadsheetsTeamworkTime ManagementTravel Arrangements

When You Can Expect to Get Your First and Last Paycheck

When You Can Expect to Get Your First and Last PaycheckWhen You Can Expect to Get Your First and Last PaycheckWhen you will get paid is one of the most important things to know when youre about to start a new job. Its also important to know when youll collect your last paycheck if you move on. Will you have to wait for it, or will you get paid upontermination of employment? When Do You Get Paid After Starting a Job? When can you expect to get paid after starting a new job? Will you get paid right away or is there a lag time? Most employers pay their employees on a weekly or biweekly (every other week) basis. Some employers pay monthly other employers pay on set dates, for example, on the 1st and 15th of every month. When you receive yourfirst paycheckdepends on the zeiteinteilung of the companys payroll and when you start employment. Payroll checks may be issued at the end of each pay period worked, or there may be a lag and your paycheck may be issued a week or two (or longer)af ter you begin work. At the latest, you should be paid by the companys regular pay date for the first pay period that you worked. If youre not advised about pay dayduring orientationor when you complete your new employee paperwork, check with your manager or thehuman resources (HR) department to get the details. What Determines Your Paycheck Amount? The amount you receive in yourfirst paycheckdepends on deductions for federal, state and local taxes. There may also be deductions for your share of employee benefits payments. Your employer will ask you to complete aW-4 formso that the company will know how much tax to deduct from your check. Yourpaystubwill include details on your gross and net pay, showing any money being deducted for benefits or taxes. You can use a paycheck calculator to get an estimate of the amounts that will be withheld from your pay. How Will You Receive Your Check? You may find that you are not actually receiving a physical paper check. Many companies ch oose topay employers through direct deposit, having their bank place the money in your bank account. If your employer pays with direct deposit, you will have to fill out a form-or, in some cases, have your bank provide you with a voided check-to share your bank account information with your employer. Direct deposit is convenient for both employers and employees There isno chance of the check being lost in the mail when its transferred directly into a bank account. If your employer does not have direct deposit available, then you will be paid with a paper check. This may be mailed to the home address you provided or delivered to you at work, or you may have to pick up a check from a set location at work. However you receive your pay, the method of delivery should be clear and transparent. Typically, employers will share information on the payment process on your first day of employment, duringnew job orientation. How Much to Expect in Your Check The amount you receive in your fir st paycheck depends on deductions for federal, state and local taxes,and for your share of employee benefits. Your employer will ask you to complete aW-4 formso the company will know how much tax to deduct from your check. Hereshow to calculate how much you can expect your net payto be. When you get paid, you will receive a paper, electronic or online pay stub which will itemize your gross pay, deductions and net pay. Heres a list ofwhat is included on a pay stub. When Will You Get Your Last Paycheck? When youresign or are terminated from a job, one of the first questions you may have is, When will I get my final paycheck? The answer is that it depends. When you receive your final paycheck depends on state law and on company policy. There is no federal law requiring employers to pay youon the last dayworked. However, some states may require that you be paid right away or within a certain time period after employment ends. If you arelaid off or fired from your job, in many cases your employer will have your final paycheck ready for you at the time youre fired. However, that isnt guaranteed. When you get your final paycheck depends on state law and on company policy. There is no federal law requiring employers to pay you on the last day worked, but some states may require that you be paid immediately. Some employers may opt to pay you immediately, especially if you have been fired, regardless of the law in your state. At the very latest, you should receive your last check on the regular pay date for the last pay period that you worked for the company. Check with the HR department at your company. They should be able to advise you on when you will be paid and what will be included in the check. If you have unusedpersonal time off (PTO) orvacationorsick leave, that will typically be included in your final check.