PREPARING FOR YOUR POWERS OF ATTORNEY
Enduring Power of Attorney (financial & personal matters)
Who should be your attorney?
Most importantly your attorney should be someone that you trust. You can appoint more than one attorney. Appointing more than one attorney can provide you with flexibility. If one attorney is unavailable then your other attorney can assist you. However, if you appoint multiple attorneys they must be able to work together.
How should your attorneys act?
If you appoint multiple attorneys you need to decide how they will act. They can act jointly, which means they must act together, or they can act separately, which means any one of them act on your behalf. Another way your attorneys can act is by majority, for example two of three attorneys must act together.
When can my attorneys act?
You need to decide whether your attorney is authorised to act immediately or only if you have lost capacity. Having the power commence immediately means that your attorney can act on your behalf even if you have not lost capacity. This could be useful if you will be travelling and require someone to act on your behalf while you are away.
What are financial matters and personal matters?
You can choose whether your attorney is authorised to act in relation to financial matters, personal matters or both.
Financial matters are anything relating to your assets and finances. For example, your attorney can access your bank account to pay your bills, buy or sell property on your behalf, or speak to Centrelink on your behalf.
Personal matters cover lifestyle decisions such as where you live, who can visit you, and general daily living arrangements.
What are sorts of decisions about medical treatment can my attorney make?
If you have lost capacity, your attorney can decide what medical treatment you receive. For example, your attorney can talk to your doctor about your health, choose between different medical treatments, and make decisions involving life support.
Appointment of medical treatment decision maker
What are sorts of decisions about medical treatment can my decision maker make?
If you have lost capacity, your medical treatment decision maker can decide what medical treatment you receive. For example, your decision maker can talk to your doctor about your health, choose between different medical treatment options, and make decisions involving life support.
If there is more than one person named in the document then the first person named in the document who is reasonably available and willing and able to act at the particular time can make the decision.
Your decision maker is required to make the decision that he or she reasonably believes that you would have made if you had decision making capacity.
There are specific witnessing requirements for the Enduring Power of Attorney (Financial and Personal) and Appointment of a Medical Treatment Decision Maker. The documents are not valid unless they are properly witnessed. The documents must be witnessed by two independent adult witnesses, one of whom is a person authorised to take affidavits or is a medical practitioner. You will need to locate and arrange the witnesses yourself. A list of witnesses who are authorised to take affidavits can be found here: Authorised Witness List