Enduring Powers of Attorney

What is an Enduring Power of Attorney?

You may not always be able to make decisions when you need to. You may sustain an injury or illness which could leave you with a disability, or be incapacitated and unable to make choices about your finances, medical treatment or where you should live. 

Appointing someone as your attorney via an Enduring Power of Attorney document means that they will have the power to make decisions and to sign all the necessary legal documents for both financial and personal/health matters after you have lost capacity. 

Personal/Health attorneys have the power to make personal and healthcare decisions such as where you will live and what kind of medical treatment you will receive, should it become necessary. A personal/health attorney’s power doesn’t begin until you lose the capacity to make your own decisions. 

Financial attorneys have the power to make financial decisions on your behalf. Their power can begin immediately upon execution of the Power of Attorney document or can be limited between certain dates or upon the happening of certain conditions – such as travelling overseas or losing capacity. Financial attorneys can pay your bills, access your bank accounts and sell or purchase property – although they must act in your best interests while doing so. 

Once you have lost capacity, managing your affairs without an Enduring Power of Attorney can become extremely difficult for your family and will require an application to the appropriate State Tribunal such as QCAT or NCAT. We can assist you with the preparation of your Enduring Power of Attorney including particular powers for your health and personal care, business and superannuation where necessary.