Why have a power of Attorney ?
If you are unwell due to age, health or disability you can appoint a person or persons to act on your behalf. That person is called your attorney.
Powers of Attorney are important legal documents that allow you to appoint a person to manage your financial, medical and personal affairs if you are incapable of doing so.
What types of Powers of Attorney are there ?
An Enduring Power of Attorney (Financial)
This documents allows you to appoint someone to manage your property and financial affairs. The person who you appoint can do any of the following things
- Pay your bills
- Deposit or withdraw money from your bank account
- Do your day to day finances
- Manage your property
- Organize your tax returns.
The Enduring Power of Attorney will continue to operate notwithstanding that you are mentally incapable of doing so.
Medical Treatment Decision makers
This document allow you to appoint someone to make medical decisions on your behalf . The person who you appoint can do any of the following things:
- Arrange your medical appointments
- Accompany you to your medical appointments
- Decide on medical procedures or operation;
- Decide whether you should remain on life support or not.
You can insert certain conditions on the Medical Treatment form. They can include such things as whether I wish to be placed on life support, whether you consent to having a blood transfusion, whether you agree to having certain medical procedures or treatment.
Enduring Power of Attorney (Personal)
This document allows you to appoint someone who can make lifestyle and personal decisions on your behalf. The person who you appoint can make any of the following decisions :
- Who you live with
- Where you live
- Whether you can go on a holiday
- What education or training you can have
When should I make my Power of Attorney ?
You can only make a Power of Attorney if you have legal capacity to do so. This means you need to know what is a Power of Attorney and what effect it can have on you. At times it may become necessary to obtain a letter from your doctor to confirm that you have capacity.
Who can be my attorney ?
The attorney must be someone who you can trust and upmost faith in. The attorney can be your spouse, parent, sibling or friend. You can also appoint State Trustees or a person from the Office of the Public Advocate. Your attorney must act honestly, diligently and in good faith. They must not abuse their position of trust for their own personal gain or benefit.
What happens if I do not have capacity or I do not have a Power of Attorney ?
In this case a family member, friend, sibling or child will need to make an application at the Victorian Civil and Administrative Appeals Tribunal (VCAT) for orders that that person be appointed as your legal Guardian and Administrator. This procedure may take some time as often the Tribunal will require a report from your Doctor as to your medical condition and whether you have an incapacity which prevents you from making your own decisions.
What you should do ?
Contact our office to make an appointment so that we can prepare a Power of Attorney which suits your needs. Do not wait until it is too late. For more information on how Anthonys Legal can help you with Wills & Probate, contact us today: Contact Us.
