A Power of Attorney is a formal document giving another person the authority to make
personal and/or financial decisions on your behalf.
Relate to your care and welfare, including your health care (e.g. deciding where or with whom you live or consenting to medical treatment).
Relate to the management of your finances (e.g. paying your bills and taxes, selling or renting your home, using your income to pay for your needs or investing your money).
When would an Enduring Power of Attorney be used?
You would use an Enduring Power of Attorney to appoint someone to make financial and/or personal decisions on your behalf.
For financial decisions, you can nominate whether you want the attorney to begin making financial decisions for you straight away or at some other date or occasion, such as if you’ve lost capacity to make these decisions.
Your attorney’s power to make personal decisions only commences when you lose capacity to make these decisions.
Our Discussion Points:
- The consequences of preparing the Enduring Power of Attorney
- Whether you’d like to specify or limit the power to be given to your attorney, and instruct your attorney about the exercise of the power in the enduring power of attorney
- When the power begins
- Once the power begins your attorney will have full control over the exercise of the power (subject to any terms in the enduring power of attorney)
- You may revoke the enduring power of attorney at any time while you have capacity to do so
- The power continues even if you lose capacity
- If you lose capacity you are effectively unable to oversee the use of the power.