Enduring Power of Attorney

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What is an Enduring Power of Attorney?

An Enduring Power of Attorney (‘EPOA’) is a legal document that allows someone else to make certain decisions on your behalf in the event you are unable to make decisions for yourself or at a nominated time. You may lose the ability to make your own decisions through illness or accident either temporarily or on a permanent basis. Once you lose the ability to make decisions you are said to have lost “capacity”.

Who Can Be An Attorney?

Your attorney(s) can be any adult who accepts the role of your attorney, provided they are not your paid carer or healthcare provider. You should be very careful about who you choose as your attorney as you are potentially giving another person control over your assets and decision making abilities in the event that you are unable to.

What type of decisions can my attorney make for me?

You can give your attorney responsibility for your decisions in respect of:

Financial matters – including paying your bills and managing your investments;
Personal matters – such as where you live; and or
Health matters – including your choice of medical care providers.

What would happen if I did not have an EPOA?

If you do not have an attorney to act on your behalf, it is likely a spouse or family member may be able to act informally on your behalf. However, some institutions, such as banks, may require an EPOA in order for another person to process payments or collect income on your behalf.

Who can make an Advance Health Directive?

Another option, in addition to an EPOA, is an advance health directive. This document allows you to give directions to another about your future health care.

Anyone over eighteen (18) years of age and capable of understanding the nature of the directive can make an advance health directive. Completing an advance health directive requires you to consult with a suitably qualified medical practitioner who will take you through the relevant considerations involved.

Contact Ramsden Lawyers today for any assistance with your Enduring Power of Attorney.

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