Enduring Power of Attorney

Enduring Power of Attorney documents are a way of nominating a person who can manage your property and personal care and welfare in the event you become incapacitated or very ill. “Property” refers to everything you own, assets and liabilities, including bank accounts, business accounts such as mobile phone services, or investments like company shares.   

You may appoint two or more attorneys to manage your property, but only one attorney to act for you in regard to your personal care and welfare. If you appoint two or more attorneys to manage your property, you must state if they are to act jointly, thus must agree on all decisions, or if one can act alone. Your attorney should be someone who is responsible and somebody you can trust to make the right choice for you.  

Life can be unpredictable, anybody at any age may become involved in an accident or be hospitalised with a serious illness or become mentally incapable. It is important that people are prepared for anything life may throw at them and have safety nets like appointing an attorney to act on your behalf; to make the right decisions for you, when you can no longer do this for yourself.   

If you do not have enduring power of attorney documents, the only option is to apply to the Family Court. Those who can make an application to the Court include a relative, medical doctor, a manager of a care centre (whom you are a part of) or a social worker. A Judge will then make a decision; however, the Judge can only make a decision based on the information put in front of them. This means an attorney may be appointed who does not necessarily have your best interests in mind, or someone who cannot be trusted or relied upon.    

Applying to the Court for an appointment of attorney or welfare guardian takes some time and can be costly as the Court requires to be regularly updated by those who are appointed until the appointment is no longer required. This is why it is important to consult a lawyer and prepare enduring power of attorney documents to make life easier for yourself and loved ones during a difficult time.