Powers of Attorney & Guardianship

Overview

Planning ahead is not only about what happens to your assets after you pass away. It is also about who will make decisions for you if, at some point, you are no longer able to make them yourself.

Powers of attorney and enduring guardianship appointments allow you to nominate people you trust to manage your financial, legal, health and lifestyle decisions if you lose capacity. Putting these arrangements in place now can spare your family difficult decisions in the future.

Enduring Power of Attorney

An enduring power of attorney is a legal document that allows you to appoint one or more people to make financial and legal decisions on your behalf. It can operate while you still have capacity, and continues to operate if you later lose capacity.

An attorney can be authorised to:

• Operate bank accounts and pay bills.
• Manage investments and other financial affairs.
• Buy, sell or deal with real property and other assets.
• Handle practical legal and administrative matters on your behalf.

You can restrict or expand the powers you give to your attorney and decide when those powers begin. We can explain the options and ensure the document accurately reflects your wishes.

Enduring Guardianship

An enduring guardian is someone you appoint to make personal, health and lifestyle decisions for you if you lose the capacity to make those decisions yourself.

An enduring guardian may be able to decide:

• Where you live, such as at home or in residential care.
• What health care, medical or dental treatment you receive.
• What personal services and support you receive day-to-day.
• Other lifestyle matters you authorise them to manage.

You can give specific directions to your guardian about the types of decisions they can make and any preferences or values you want them to consider. This helps ensure your wishes continue to be respected, even if you are no longer able to express them.

Choosing the Right Person

The people you appoint as attorney or enduring guardian will have significant responsibility. It is important to choose carefully.

You should consider whether your chosen person:

• Is over 18 and has capacity to understand the role.
• Is someone you trust to act in your best interests.
• Will respect your values, preferences and wishes.
• Is organised and capable of dealing with financial or personal decisions.
• Can work cooperatively with other family members and professionals.

You may appoint more than one person and specify whether they must act jointly or can act separately. We can explain the advantages and disadvantages of different arrangements and help you structure them appropriately.

How We Can Assist

Our services include:

• Explaining the differences between powers of attorney and enduring guardianship.
• Advising you on suitable choices of attorney and guardian.
• Preparing clear, accurate documents tailored to your circumstances.
• Arranging for proper witnessing and execution of the documents.
• Reviewing your arrangements when preparing or updating your will.

These documents may never need to be used, but if the unexpected occurs, having them in place can greatly reduce stress and uncertainty for those close to you.