Jason can advise you in relation to a written Power of Attorney and a written Appointment of Enduring Guardian.
Both of these written documents can give a person the ability to make financial and lifestyle decisions on behalf of the person appointing them.
Are you considering appointing a person as your Power of Attorney?
By appointing a person pursuant to a written Power of Attorney, you can authorise a person (your attorney) to sign documents and do things on your behalf which relate to your financial affairs (including dealing with real estate).
A Power of Attorney can be limited as to time (for example, the Power of Attorney might expire on a particular date) and it can be limited to specific acts (for example, the Power of Attorney might only authorise the attorney to sign certain documents such as a contract and transfer of land).
Often, a person appointing an attorney will want the attorney to be able to do things on their behalf even if the person suffers lack of capacity through unsoundness of mind. Such a Power of Attorney is called an Enduring Power of Attorney.
Are you considering appointing a person to act as your Enduring Guardian?
By appointing a person as a guardian pursuant to a written Appointment of Enduring Guardian you can authorise the guardian to make lifestyle decisions on your behalf, if you are no longer mentally capable of making those decisions.
The guardian may then be able to make decisions on your behalf in regard to where you live, the type of medical treatment you receive, the type of dental treatment you receive and the type of personal treatments you receive.
You may also decide to give your guardian a specific direction to refuse medical treatment on your behalf in certain circumstances (for example, you might direct your guardian to refuse, on your behalf, life-sustaining measures such as artificial respiration if you are in a state of being permanently unconscious).
The appointment of a Power of Attorney and/or an Enduring Guardian is a very important decision and should be considered carefully and also with the full knowledge of the person you intend to appoint.
In the case of the appointment of an Enduring Guardian, the Enduring Guardian must consent to their appointment and must sign acceptance of their appointment in the presence of a legal practitioner or other prescribed witness.
In most cases, an attorney appointed under a Power of Attorney must also sign their acceptance of their appointment as attorney.