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Powers of Attorney/Enduring Guardianships

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POWER OF ATTORNEY

What is a Power of Attorney?

A ‘Power of Attorney’ is a document which appoints another person (called your attorney) to act for you in relation to financial affairs. The document states what the attorney is authorised to do. This can be as specific or as general as you wish. It is important to appoint someone you can trust because any lawful action taken by the attorney under the power of attorney is binding on you. This person must also be 18 years or over.

Even though you have appointed an attorney, you can still personally carry out any transactions, such as banking and the sale of property, while you retain the ability to do so.

Who can I appoint as my attorney?

Your attorney must sign the enduring power of attorney form to show that he or she consents to act, so before filling in the form you need to ask the person you choose as your attorney if they agree to be appointed. The attorney can sign the form at the same time as you or at a later time, but it will not start to operate until he or she signs it.

Arrange a consultation with a lawyer experienced in Power of Attorneys.

 

GUARDIANSHIP

Enduring Guardian

What is an Enduring Guardian?

An enduring guardian is someone you appoint, at a time when you have capacity, to make personal, health or lifestyle decisions on your behalf should you lose the capacity to make them for yourself.

You can appoint more than one enduring guardian if you wish, and you should choose which decision-making areas you want your enduring guardian to have. These are called functions. You can give your enduring guardian as many or as few functions as you like. For example, you can authorise your enduring guardian to decide such things as where you may need to live or what medical treatment you should receive.

Your enduring guardian must act within the principles of the Guardianship Act, in your best interests and within the law. You cannot give your guardian a function or direction that would involve them in an unlawful act, such as euthanasia. 

How we will help

We can help with the following:

  • Tell you more about how a power of attorney or the appointment of an enduring guardian can be used to help organise your financial and personal affairs should you lose the ability to manage them yourself;
  • Prepare and explain the documents for the power of attorney and appointment of enduring guardian, and arrange the necessary signatures and certificates.

Arrange a consultation with a lawyer experienced in Enduring Guardians.