Power of Attorney & Enduring Guardianship

Preparing Your Future

Power of Attorney

Enduring Guardianship

What is a Power of Attorney?

General Power of Attorney
In NSW, a power of attorney is a legal document that permits you (called the “principal”) to nominate another person (called the “attorney”) to make decisions on your behalf in respect to your finances. It does not include decisions in relation to your healthcare and lifestyle.

You can give the attorney as much or as little authority as you choose. You can set the length the power of attorney can be in place for and can end it at any time as desired. If no timeframe is specified, it will automatically expire upon your death or in the event you lose mental capacity to make decisions for themself.

Enduring Power of Attorney
This is the second type of power of attorney available in NSW. It operates the same as the general power of attorney except that:

It does not expire upon you (the principal) losing mental incapacity (this means, in the event you lose mental capacity, the attorney can continue to make decisions in respect of your financials until your death); and
if you subsequently lose mental capacity, you generally cannot revoke the power of attorney.

When Should You Get a Power of Attorney?

You may opt to use a power of attorney for a number of reasons including but not limited to, if you:

Believe you may lose mental capacity in the near future due to injury, illness or disability;
Are living/travelling overseas and need someone to manage your bills and finances back home; or
Wish to elect someone with more experience to manage your finances

If you lose mental capacity and do not have an enduring power of attorney in place, NCAT or another Court may appoint an individual or government entity to manage your finances. This is why it is important to have this document set up in the first instance.

What is an Enduring Guardianship?

In NSW, an enduring guardianship is a legal document that allows you to nominate another person (called the “guardian”) to make decisions in relation to your healthcare and lifestyle in the event you lack mental capacity to make these decisions for yourself. It does not include decisions in relation to your finances.

A guardian’s decisions can range from deciding where you live, agreeing to various medical tests/treatments, and termination of life. You can choose the scope of your guardian’s decision-making powers.

When Should You Get an Enduring Guardianship?

You may opt to set up an Enduring Guardianship if you are concerned you may lose mental capacity in the future due to illness, injury, disability or unforeseen circumstances.

It is important to set up an Enduring Guardianship. This is because, if one is not set up, a process of substituted decision making applies. Meaning, your spouse or de-facto partner is required to make a decision, followed by a close family member. Do not leave your care to fate, contact our office to discuss future proofing your care for when you can no longer make those decisions for yourself.

Power of Attorney & Enduring Guardianship

Preparing Your Future