Powers of Attorney & Guardianship

A power of attorney means that you give authority for a person or persons (called a donee) to act on your behalf in financial matters. Appointing an attorney does not mean that you forfeit your right to control your affairs. You can still deal with your affairs but when you can no longer do so or wish to pass the responsibility onto your attorney he or she can act for you. If you do not exercise the right to appoint your own attorney then the Government's Guardianship Board will do so.

The two most important considerations are that you must appoint someone that you trust and you must do this before losing your mental capacity. A power of attorney can be made for an unlimited or limited time but stops on the onset of mental incapacity unless it is made as an Enduring Power of Attorney. A Power of Attorney ceases to have effect after you have died. A Will is needed to cover this situation.

An enduring power of guardianship is a document that gives authority for a guardian of your choice to act on your behalf, with respect to your personal (as opposed to financial) decisions. It only has effect if you are not able, through accident or illness, to make these decisions yourself. Without an enduring power of guardianship you lose control over who will make those decisions for you.

Examples of decisions to be made by an Enduring Guardian include choice of doctor or hospital, decision of whether treatment should be accepted or refused, to consent to entry to a nursing home or other care arrangement, to authorise leisure activities, and many other personal decisions.

Talk to us

If you would like more information about how we can help you prepare powers of attorney and enduring powers of guardianship, please contact us either by email (legal@rudallandrudall.com.au) or by calling direct on 08 8522 1822.