A power of attorney is a legal document that grants another person the authority to make decisions on your behalf on certain matters, if you aren’t capable. There are two types – a general power of attorney and an enduring power of attorney.
General power of attorney
A person who can make decisions for you for a period of time, for example to open a bank account for you while you are in another country, vote at a meeting on your behalf, or sell your house while you’re unwell. This means you can make your own decisions, but ends when you can no longer make these decisions, whereby the enduring power of attorney would kick in. Each state is different, so you’ll need to check your local laws. This can include legal and financial matters, but not personal (except in Queensland and ACT).
Read more about general power of attorney here.
Enduring power of attorney
Enduring power of attorney can be used to make direct decisions about your financial and/or personal life when you are no longer able to make those decisions yourself, if you have lost the capacity to do so. This might include your banking while you are unconscious, or making sure you are in the right care facility or on the right diet if you suffer dementia. This includes legal and financial from a certain date, and personal once you have lost capacity.
Read more about enduring power of attorney here.
Enduring power of guardianship
This role is only for your personal affairs, and does not include financial or legal matters. For example, your guardian may be permitted to agree to medical treatments and decide where you live, but cannot settle property matters.
Read more about enduring power of guardianship here.
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