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Along with making a Will, the appointment of an Enduring Power of Attorney and Enduring Guardian is a very important part of any Estate Plan.
It is a common misconception that these documents are only for the elderly. It is recommended that anyone over the age of 18 years (that has the mental capacity to do so) considers putting these documents in place.
An enduring power of attorney is a legal document that lets you appoint someone to make decisions about legal or financial matters. This person is called an attorney. The power endures – or continues – if and when you lose the capacity to make decisions.
The appointment of an Enduring Guardian gives another person, or persons, the authority to make lifestyle and medical decisions on your behalf. These decisions may, for example, concern your place of residence, access to medical care and/or providing consent for the refusal of medical treatment.
These appointments allow you to nominate a person, or persons, to make important decisions on your behalf in the event that you lose capacity. As any person may suffer a brain illness or injury at any time, it is strongly advised that you make these appointments while you can. This ensures that those decisions will be made by persons that you know and trust, and who will have your best interests at heart.
Once you have lost capacity, it is too late to appoint an Enduring Power of Attorney and/or Enduring Guardian.
Contact our Estate Planning Team today on (02) 9653 9466 for advice regarding the appointment of an Enduring Power of Attorney and Enduring Guardian.