Power of Attorney & Enduring Guardianship Lawyers
There are many things that life can throw at you, some of which are good and others less enjoyable. Certainly, one of the more serious matters to be faced with is the loss of capacity to make your own decisions either temporarily or permanently due to an accident or illness.
The world does not stop if anything happens to you; bills still need to be paid and vital decisions need to be made.
We all know that we should plan for the future so that, should something happen, there are people that you know and trust able to assist when you’re vulnerable.
A Will comes into effect when you die. But what happens if you lose your mental capacity while you are alive?
Both an Enduring Power of Attorney and Enduring Guardianship deal with your personal matters in this case. Importantly, these documents help to protect a person in different ways.
What is a Power of Attorney?
A Power of Attorney is a legal document where you give a person the authority to manage your money and make financial/legal decisions for you. There are two types of Power of Attorney documents:
- General Power of Attorney
- Enduring Power of Attorney
General Power of Attorney allows you to select a person to manage financial and legal decisions of your behalf, only while you have the ability to make your own decisions. Enduring Power of Attorney continues even if you lose the ability to make decisions for yourself. An Enduring Power of Attorney can take effect when you get dementia/Alzheimers or in the event you have an accident and are unable to make your own health directives.
The requirements when making an Enduring Power of Attorney are:
- You must be of sound mind
- Your Attorney (the person you are giving control to) must be over the age of 18 and able to assist with your requirements
- You must sign it and have it witnessed by a prescribed witness
- The Attorney must sign the attached form to show they consent and understand what is required of them
- It must be completed using the required forms
What is an enduring guardianship?
An Enduring Guardian is a legal document which allows you to select another person, called a ‘guardian’, to act as your decision maker if you lose the mental capacity to make decisions about your lifestyle and health issues. This can range from agreeing to conduct medical tests, placing you in a care facility or terminating life support. It is up to you how narrow or broad the terms of the Enduring Guardianship are. It is essential that you have an Enduring Guardianship as the ‘next of kin’ has no legal status in Australia.
The requirements when making an enduring guardianship and an enduring power of attorney are the same.
Don’t leave your care to chance. Contact our office for advice about future-proofing your care when you can no longer make that decision for yourself.
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Power of Attorney & Enduring Guardianship Solutions include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Consulting and Advising on Possible Candidates
Organising Reasonable Alternatives
Outlining and Protecting Against Possible Ramifications
Creating and Distributing Certified Document Copies
Registering Relevant Documents
Client Testimonials and Reviews
Frequently Asked Questions
How to make a power of attorney without a lawyer?
While creating your own legal document for power of attorney without a lawyer is possible, you do run the risk of getting it wrong and ending up not having the legal powers you need to care for your loved one. So, while it is possible, it is best to work with an experienced estate lawyer if you can.
This is especially true for larger and more complex estates, that may require a certain level of financial or legal knowledge to manage.
When does an Enduring Guardianship start and end?
It starts when you become incapable of making your own decisions and ends when you die, or you revoke it or if it is terminated by the Guardianship Tribunal.
What will happen if I don’t have an Appointment of Enduring Guardian in place?
The NCAT Guardianship Tribunal is the body that, among other things, appoints Guardians to represent the interests of disabled individuals who are 16 years of age or older and unable to make their own choices.
A person will have to apply to the Guardianship Tribunal to be named your guardian if you lose the ability to make your own decisions and do not have an Enduring Guardian in place. This may not be the person you would have intended.
What Happens if my Power of Attorney Can No Longer Act on My Behalf Due to Death or Incapacity?
In general, when this happens, the Power of Attorney is automatically revoked. You then must elect a new person to take over as your Power of Attorney and a new document must be drafted.
When Does A Power of Attorney Expire?
For a General Power of Attorney, the duration is until the creator revokes the powers or if the creator becomes mentally incapacitated.
For an enduring power of attorney, the document will remain in effect from the date of inception, through and including, if the person who created the enduring power of attorney should become incapacitated.
