Powers of attorney

Powers of attorney and superannuation

Can an attorney appointed under an enduring power of attorney make, revoke, alter or confirm a superannuation death benefit nomination? The answer is unclear.

Some lawyers are of the view that an attorney has the power to confirm (ie. renew) a nomination which has lapsed, but does not have authority to make, revoke or alter an existing nomination. The rules governing some superannuation funds do not permit nominations made by an attorney altogether.

Given the uncertainty of the law in this area, McIntyre Legal Pty Ltd generally recommends clarifying the position by expressly stating in the instrument appointing the attorney (ie. in the Enduring Power of Attorney itself) whether the attorney has authority to provide instructions in respect of superannuation (including making, revoking, altering, or confirming a death benefit nomination).

Please contact us if you would like advice and assistance in drafting an Enduring Power of Attorney.

(IMPORTANT NOTE: This post is intended as a source of general information only. It does not constitute legal advice. All legal advice needs to be tailored to your individual circumstances.)