What is a General Power of Attorney?

A General Power of Attorney is used to delegate the authority to look after your finances, business affairs, legal actions, etc. on your behalf, but only while you are still capable of making such decisions on your own but are unable to deal with such matters – for instance, because you are away, or if you have business interests in another state or country which need to be handled on a regular basis. Elderly people or those with physical disabilities which hamper their mobility often find it convenient to appoint an attorney to look after certain matters for them, such as doing their banking or meeting with a solicitor to sign legal documents.

A General Power of Attorney terminates if you lose the legal capacity to make your own decisions. A General Power of Attorney cannot be used to give another person the authority to make medical or lifestyle decisions for you.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney allows you to name someone you trust to take over and manage your affairs in the event you become ill, incapacitated, or otherwise unable to handle your financial affairs. An Enduring Power of Attorney continues to be effective even if you become incapacitated. This allows you to appoint your spouse, partner, a family member or good friend to manage your financial affairs if you become unable to do so.

If you do not have an Enduring Power of Attorney and you suddenly became ill or incapacitated and unable to make decisions for yourself, the Public Trustee or similar authority would be appointed to administer and conduct your affairs. This is a time-consuming, costly and inconvenient process, and does not address your personal wishes.

What about my personal affairs? Can I name an attorney to make personal decisions for me if I am not able to do so?

Some states allow for special appointments for personal affairs, to make decisions about the personal aspects of your life, such as where you live, who you associate with, and other personal decisions (clothing, personal hygiene, etc.), if you become unable to manage your affairs for yourself.

Some states have a form called an Enduring Power of Guardianship, which allows you to appoint someone as your guardian to make these personal lifestyle decisions. In ACT, you can include these matters in your Enduring Power of Attorney.

What form do I need to complete to give my attorney the authority to make medical decisions for me?

The form you need depends on where you live. You do not necessarily need to appoint a medical attorney. For instance, in South Australia, you can leave directions with your attending physician and medical staff as to the nature and manner of any treatments you want or don’t want, in the form of a Medical Direction, under the Consent to Medical Treatment and Palliative Care Act 1995.

In the Capital Territory, you can include a section in your Enduring Power of Attorney to give your attorney the power to consent or refuse to consent to medical treatments for you, and to consent to organ and tissue donation. In Victoria, the required form is an Enduring Power of Attorney (Medical Treatment).

If you have any questions or concerns about making a Power of Attorney, you should seek legal advice.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.