In NSW, a Power of Attorney is a document whereby you appoint someone to make financial decisions on your behalf, such as selling your house or operating your bank accounts.
An Appointment of Enduring Guardians (an Enduring Guardianship) is a document whereby you appoint someone to make health and living arrangement decisions on your behalf.
Such documents can be revoked or changed by you at a later time, provided you still have decision-making capacity.
Making a Power of Attorney or an Enduring Guardianship
A Power of Attorney or an Enduring Guardianship can be made by anyone aged 18 years or more who:
- can understand the nature and consequences of the document(s);
- makes the decisions in the document(s) of their own free will;
- can communicate clearly what those decisions are.
Every person aged 18 years or more should consider preparing a Power of Attorney and Enduring Guardianship. These documents safeguard your interests in the event of something unforeseen, such as an accident or illness that robs you of your capacity to make decisions for yourself. It is reassuring to know that the person or persons you have chosen will be making important decisions about your money, your living arrangements and your health. Attorneys are legally responsible to you and must act in your best interests.
It is vital that you appoint the right person or persons to these roles. Therefore, you should discuss these documents with a solicitor who can give you professional advice about your particular circumstances. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.
Contact us to find out more and to arrange a consultation with an experienced solicitor.