Power of Attorney and Enduring Guardianship
You may wish to make a Power of Attorney or an Enduring Guardianship to help you make your financial, lifestyle, health and medical decisions when you are unwilling or unable to do so. At AJ Legal we are experienced in drafting Power of Attorneys and Enduring Guardianship documents.
Please contact us to arrange an appointment to discuss what arrangement will suit your circumstances and be in your best interest.
Please contact us to arrange an appointment to discuss what arrangement will suit your circumstances and be in your best interest.
What is a Power of Attorney?
A person who makes a power of attorney (the principal) gives legal authority to another person or organisation (the attorney) to make financial decisions and deal with their assets of their behalf while they are alive. This means that your attorney can sign legally binding documents on your behalf. You may choose to create a power of attorney if you are unable to or do not want to manage your own financial affairs.
A power of attorney can be ‘general’, which means that the attorney has the power to make decisions on all financial matters, or it can be limited to specific matters.
A power of attorney should act in the principal's best interests but you must ensure that the attorney is trustworthy and responsible enough to manage your financial affairs.
A power of attorney can be revoked or changed at any time as long as you have the capacity to do so. A power of attorney will automatically cease once the principal becomes of unsounds mind, unless it is an enduring power of attorney, or when the principal dies.
What is an Enduring Power of Attorney?
An enduring power of attorney continues after you have lost capacity to deal with your financial affairs. An ordinary power of attorney will cease once the principal has lost capacity.
An enduring power of attorney cannot be revoked if the principal becomes of unsound mind.
If a person does not have the capacity to appoint an enduring power of attorney an application can be made to the Guardianship Division of the NSW Civil & Administrative Tribunal to have an attorney appointed to them.
An enduring power of attorney cannot be revoked if the principal becomes of unsound mind.
If a person does not have the capacity to appoint an enduring power of attorney an application can be made to the Guardianship Division of the NSW Civil & Administrative Tribunal to have an attorney appointed to them.
What is an Enduring Guardianship?
An enduring guardian is someone you appoint to make lifestyle, health and medical decision for you when you are not capable of doing so for yourself.
An enduring guardianship only comes into effect if you lose capacity and will only be effective during the period of incapacity.
While appointing an enduring guardian you can specify what kind of decisions you want your enduring guardian to make. For example, common decision making areas include; accommodation, health care, services and consent to medical and dental treatment. You can also direct your enduring guardian as to how they should make certain decisions.
You can appoint an enduring guardian is you are over 18 and have capacity to do so. You must understand the nature of appointment and the effect of appointing an enduring guardian. An enduring guardianship can be revoked or changed at any time as long as you have the capacity to do so.
If a person does not have the capacity to appoint an enduring guardian an application can be made to the Guardianship Division of the NSW Civil & Administrative Tribunal to have a guardian appointed to them.
Appointing an enduring guardian makes sure that if you ever lose capacity to make lifestyle, health and medical decisions for yourself that someone you trust will make those decisions on your behalf.
An enduring guardianship only comes into effect if you lose capacity and will only be effective during the period of incapacity.
While appointing an enduring guardian you can specify what kind of decisions you want your enduring guardian to make. For example, common decision making areas include; accommodation, health care, services and consent to medical and dental treatment. You can also direct your enduring guardian as to how they should make certain decisions.
You can appoint an enduring guardian is you are over 18 and have capacity to do so. You must understand the nature of appointment and the effect of appointing an enduring guardian. An enduring guardianship can be revoked or changed at any time as long as you have the capacity to do so.
If a person does not have the capacity to appoint an enduring guardian an application can be made to the Guardianship Division of the NSW Civil & Administrative Tribunal to have a guardian appointed to them.
Appointing an enduring guardian makes sure that if you ever lose capacity to make lifestyle, health and medical decisions for yourself that someone you trust will make those decisions on your behalf.
What is the difference between a Power of Attorney and an Enduring Guardianship?
An enduring power of attorney and an enduring guardianship are complementary; they give legal authority to someone to make decisions on your behalf if you lose the capacity to do so.
However in NSW, a power of attorney can only make decisions relating to financial matters and an enduring guardian can only make decisions relating to health, lifestyle and medical matters.
However in NSW, a power of attorney can only make decisions relating to financial matters and an enduring guardian can only make decisions relating to health, lifestyle and medical matters.