Templates - Power of Attorney, Enduring Guardianship, Advanced Care Directive

There may come a time in your life when you need someone to make imortant decisions for you, whether it is in regards to your health, living situation or your finances. This could be due to temporary or permanent loss of capacity caused by illness, injury or disability. Appointing an enduring Power of Attorney and an Enduring Guardian will mean you will be prepared for these situations, if they ever occur. 

An Enduring Guardian is the person or persons you legally appoint to make decisions about your health and lifestyle. They should be someone you trust, such as a spouse, family member or friend. You can appoint more than one Enduring Guardian - having a back up is good in case your first guardian is not in a position to take on the role if and when it is needed. 

Your Enduring Guardian only makes decisions in the areas you outline, these might include:

• where you live and the services you might receive
• healthcare, medical and dental treatment you receive.

They can also:

• apply for extra decision-making authority if circumstances are more complex or you need extra support
• consult on decisions during your end-of-life stage and advance care plans.

A doctor or specialist can be called upon if it is uncertain whether your Enduring Guardian should start making decisions. The appointment continues for as long as you need it unless:

• you revoke or cancel it while you have the mental capacity to do so
• your Enduring Guardian resigns from the role, dies or is unable to carry out the role
• the appointment is changed or revoked by the Guardianship Division of NSW Civil and Administrative Tribunal (NCAT) or the NSW Supreme Court.

You can provide information to help your Enduring Guardian know how they should use their authority. For example, you might direct them to seek advice from your doctor or medical specialists before they make certain decisions.

An enduring guardian cannot make financial decisions on your behalf and cannot change your advanced care directive or your will.  

In addition to the above, a general power of attorney can be appointed to assist you to manage your financial and legal decisions on your behalf, only while you have the ability to make your own decisions. A general power of attorney will not apply if you lose the ability to make decisions for yourself. A general power of attorney can be practicable when you are travelling or living abroad. 

Templates of a POA and enduring guardianship are below. 

Please contact our office for more details or if any assistance is required. 

Disclaimer

This is not advice. Items herein are general comments only and do not constitute or convey advice per se. The information contained in these articles is for guidance only and should not be relied upon without obtaining professional advice having regard to your direct circumstances.

Disclaimer

This is not advice. Items herein are general comments only and do not constitute or convey advice per se. The information contained in these articles is for guidance only and should not be relied upon without obtaining professional advice having regard to your direct circumstances.