Appointing your Attorney or Guardian

Formally appointing both a Power of Attorney and Enduring Guardian ensures your health, living arrangements and financial affairs are looked after. As there are many things to consider, it is strongly recommended to appoint an Enduring Guardian and Power of Attorney in NSW with the legal counsel of a qualified professional.

What is a Power of Attorney?

Power of Attorney is a legal document wherein you (the principal) appoints an individual (or multiple individuals) to make financial decisions on your behalf during your lifetime.

Your Power of Attorney can make decisions regarding financial and legal matters, for example;

prepare your tax returns and manage your funds, bills, shares, bank statements, superannuation, and the buying or selling of property.

It is important to understand that your attorney can step into your shoes and manage any of your finances effectively as if they are you.

There are two types of Power of Attorney:

General Power of Attorney

A General Power of Attorney can make decisions regarding financial, and legal matters on your behalf only while you have the capacity to make your own decisions and are usually for a set time or purpose. Accordingly, the responsibilities of your General Power of Attorney cease when you lose the capacity to make your own decisions.

Enduring Power of Attorney

An Enduring Power of Attorney will make decisions regarding your financial and legal matters on your behalf when and if you lose the capacity to make your own decisions.

What is an Enduring Guardian?

An Enduring Guardianianship document is a legal document where you appoint an individual to have the power to make decisions regarding your health and lifestyle in the event that you lose the capacity to make those decisions yourself. The responsibilities of an Enduring Guardian cease if you pass away.

Your enduring guardian is legally appointed by you, it is important you choose a person who will consider your views as well as those of professionals and other people important in your life. Your guardian must take into account the circumstances existing at the time and make decisions on your behalf should the need arise.

The most common decision-making areas you can give your enduring guardian include:

Accommodation-where you live.

Services- decide what personal services you require.

Medical and dental treatment

Frequently Asked Questions

If you have any questions regarding Power of Attorney, Enduring Guardianship or any other living documents, please consult the list of frequently asked questions below. Conversely, when you book an appointment with me, I am more than happy to answer any questions you may have.

Who should I appoint for Power of Attorney?

Determining who you want your Power of Attorney to be is something you should have a long hard think about. Your Power of Attorney should be someone you can trust with your life because when you appoint them, they have the power to make decisions that can alter the way you live.

Typically your Power of Attorney is a family member or a close friend. It is also important to note that there is a legal requirement for your Power of Attorney to be above the age of 18.
How many people can I appoint with Power Of Attorney?

You can appoint more than one person as your Power of Attorney; however, you should choose people who are able to work together. If you appoint more than one person, you can appoint them so they can make decisions together (jointly) or as a majority or individually (severally).
Is having a will sufficient?

No, a last will and testament only deal with your estate after you pass away. Living Documents are so you can choose who will look after you should you lose capacity; they are no longer valid after your death.
Who should I appoint as an Enduring Guardian?

When you are deciding who should be your Enduring Guardian, they should be someone you can trust, such as a spouse, family member, or close friend. This individual should be someone who understands your wishes for your care and end-of-life decisions and will respect them regardless of their own feelings.
What happens if I don’t appoint an Enduring Guardian?

If you do not appoint an Enduring Guardian, a public trustee can appoint someone who applies to the tribunal to manage your personal affairs. This could lead to individuals making decisions on your behalf that you may not necessarily agree with.