Examples of financial matters and personal matters
A financial matter is any matter relating to the principal’s (the person who makes the enduring power of attorney or supportive attorney appointment) financial or property affairs.
It includes any legal matter that relates to the financial or property affairs of the principal.
Examples of financial matters are:
- making money available to the principal for the principal's personal expenditure
- paying expenses for the principal and any dependants of the principal relating to the maintenance and accommodation of the principal and any dependants, including purchasing an interest in, or making a contribution to an establishment to accommodate the principal or any dependants of the principal or otherwise making payments in relation to such property
- paying any debts of the principal, including any fees and expenses to which an attorney is legally entitled;
- receiving and recovering money payable to the principal
- carrying on any trade or business of the principal
- performing any contracts entered into by the principal
- discharging any mortgage over the principal's property
- paying rates, taxes and insurance premiums or other outgoings for the principal's property
- insuring the principal or the principal's property
- otherwise preserving or improving the principal's property
- making investments for the principal
- continuing investments of the principal, including taking up rights to issues of new shares, or options for new shares to which the principal becomes entitled by the principal's existing shareholding
- undertaking any real estate transaction for the principal
- dealing with land for the principal
- undertaking a beneficial transaction for the principal involving the use of the principal's property as security for an obligation, including taking out a loan on behalf of the principal or giving a guarantee on behalf of the principal
- withdrawing money from or depositing money into an account of the principal with a financial institution.
A personal matter means any matter relating to the principal's personal or lifestyle affairs, but does not include any matter that relates to medical treatment or to medical research procedures.
It includes any legal matter that relates to the principal's personal or lifestyle affairs.
Examples of personal matters are:
- where and with whom the principal lives
- persons with whom the principal associates
- whether the principal works and, if so, the kind and place of work and employer
- whether the principal undertakes education or training, the kind of education or training and the place where it takes place
- daily living issues such as diet and dress.
A legal matter means use of legal services for the principal's benefit or bringing or defending a legal proceeding or hearing in a court, tribunal or other body on behalf of the principal, including settling a claim before or after a legal proceeding or hearing starts.
Examples of legal matters are:
- the use of legal services to obtain information about the principal's legal rights
- the use of legal services to make a transaction.