Along with your writing a will, we recommend you consider appointing an enduring attorney and guardian as part of your estate planning and in managing your affairs, especially if you lose the legal capacity to make important legal, financial, medical and lifestyle decisions.
An enduring power of attorney appoints another person, or persons, to act on your behalf to manage your legal and financial affairs. Depending on what you direct, this may include buying and selling assets, operating your bank accounts, and spending money on your behalf.
An appointment of an enduring guardian appoints another person, or persons, to make decisions on your behalf regarding your lifestyle and medical decisions. These may include deciding your place of residence, access to medical care and providing consent for the refusal of medical treatment.
The word ‘enduring’ means that the appointments endure in the event you lose mental capacity to manage your own affairs, such as if you develop dementia or are in a coma after a serious injury.
Why should I appoint an attorney and guardian?
For peace of mind.
Whilst in many cases, people appoint an attorney and guardian when they become elderly in anticipation that may not be able to manage their affairs in the not too distant future, the reality is that legal mental incapacity can occur at any time through brain illness or injury. We recommend any person over the age of 18 years considers making such appointments to a person or persons you trust to look after your best interests.
It is important to realise that once you have lost legal mental capacity, it is too late to make such appointments. Instead, the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) may appoint someone to act on your behalf. This may be a natural person or a government body such as the Public Guardian or the NSW Trustee & Guardian.
Who can I appoint?
You can appoint one or more persons over the age of 18 years to be your enduring attorney or guardian, although you should feel confident that the person(s) that you appoint to exercise their powers will do so competently and in your best interests.
Contact one of our experienced team today, to advise you further.