For Families and Individuals - Power of Attorney and Guardianship

An Enduring Power of Attorney

So you keep control of your assets when you can’t look after them yourself

If you were unable to handle your own financial affairs because of something like illness, a car accident or travel overseas you would need to appoint a trusted person who could act for you.

What is a Power of Attorney?

This is a document which allows someone else to look after your financial affairs and to act on your behalf. The powers can be general, ongoing or only for a specific task or time.

For example, if you are abroad during the time your house is on the market, your Power of Attorney would detail your instructions and allow the appointed person to handle the sale.

Another example would be for a couple to give each other Power of Attorney in case one becomes very ill or incapacitated for some reason (e.g. mental illness like dementia).

The person you appoint may be a member of your family, a trusted friend or someone like your solicitor. However, you may also change or cancel your Power of Attorney at anytime.

Your Attorney has the same powers as you over your assets and money so it is very important that your Power of Attorney is carefully prepared so your attorney can do what you intend them to do.

We would be happy to advise you about preparing a Power of Attorney.

Contact us at: wills@fairfaxlaw.com.au

Enduring Guardianship

Appointing an Enduring Guardian allows a loved one or another person to protect you when you cant.

We would all like to ensure that our loved ones know what we believe and what we want when we are unable to make the choice ourselves, such as whether or not we go into a Nursing Home. But sometimes this is not possible if we become very sick or have an accident.

What is an Enduring Guardian?

An Enduring Guardian is someone you choose to make lifestyle and health decisions for you when you are not capable of doing this yourself. This differs from a Power of Attorney which is specifically for financial control.

You may direct the enduring guardian to carry out your wishes which are called functions. You can give your enduring guardian as many or as few functions as you like. One example is to direct your guardian to consult with a close friend regarding each function.