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Enduring Documents

Wonder what happens when you suddenly find yourself in a situation where you can’t make decisions?

People often prioritise making a Will, which comes into effect on a person’s passing, however, very few people nominate someone to make important decisions for them when they are still alive and can’t make decisions. This is where an Enduring Power of Attorney and an Enduring Power of Guardianship are important.

How does it work?

What is an Enduring Power of Attorney?

An enduring power of attorney allows you to appoint someone to deal with your financial affairs. The document can have immediate effect and continue in the event you have capacity issues in future.

Do I really need Enduring Documents?

It is your choice. If you do not have the documents and lose capacity in future, then a relative can make an application to the State Administrative Tribunal to be appointed to act for you. The person appointed may not be the person you would have chosen yourself, and there can be a delay in obtaining the orders due to the wait time for a hearing.

What is an Enduring Power of Guardianship?

An enduring power of guardianship allows you to appoint someone to make medical and lifestyle decisions if you become incapable of making such decisions for yourself in future. A lifestyle decision includes where you live, what services you require and who you spend time with.

Suffering from Elder Abuse?

There have been instances of attorneys or guardians not acting in the best interests of the person who appointed them. If you are concerned about this, you should obtain advice before making any enduring documents and carefully consider who you appoint – it must be someone you trust.

If you are concerned that a relative is suffering from elder abuse, resources and services are available. Advocare has a free, confidential helpline – 1300 724 679.