Power of Attoney and Guardianship

19 Jun 2014

A Power of Attorney is as important for life planning as making a will. Appointing an attorney gives your attorney the legal authority to look after your financial affairs on your behalf.

You can appoint an attorney to act for you in a variety of circumstances, such as an extended interstate or overseas trip, or for a time when you are no longer able to manage your affairs. However, it is important to appoint an Enduring Power of Attorney so that your interests remain protected if you lose capacity as a Power of Attorney alone does not afford that protection.

At the same time it is important to consider the appointment of an Enduring Guardian. This person is someone you appoint to make lifestyle, health and medical decisions for you when you are not capable of doing this for yourself. Your Enduring Guardian may make decisions such as where you live, what services are provided to you at home and what medical treatment you receive.

Guardianship only comes into effect if or when you lose capacity and will only be effective during the period of incapacity; therefore, it may never become operational. However, it is a good way to plan for the future, particularly for unforseen situations. Once a person loses capacity the time, to appoint is over.

Talk to one at the solicitors at BTF Lawyers who will be happy to discuss your circumstances and offer appropriate advice.