A Will is a perfect way to outline your wishes after you die. However, an injury or illness may render you unable to make decisions while you are still alive. Thus, you may require someone to make decisions on your behalf. An Enduring Power of Attorney and an appointment of a Medical Treatment Decision Maker are two ways to authorise someone to act on your behalf.
Enduring Power of Attorney
An Enduring Power of Attorney is a legal document that appoints a trusted person to make decisions on your behalf. The person you select is your ‘attorney’, and you are considered the ‘principal’. Enduring Powers of Attorney can be made in relation to financial matters (relating to money and financial transactions) or in relation to personal matters (relating to living arrangements and day to day decision-making).
It’s important to note that you can only make an Enduring Power of Attorney for yourself. You cannot make one on behalf of someone else. You also need to have capacity to make an Enduring Power of Attorney. Therefore deciding you will make one if you ever need it, is not advisable.
Choosing an attorney
Your appointed attorney makes decisions about where you will live and what happens to your property. Plus they can sign documents on your behalf. In essence, you are essentially giving the person permission to be you. Therefore you should choose the individual (or individuals) who you think will make the best decisions for you.
There are options to include limitations in your Enduring Power of Attorney document. Therefore, to ensure your wishes are accurately reflected, engage a Power of Attorney lawyer in Geelong to be safe.
Finally, it should be noted that your attorney cannot make medical treatment decisions for you unless they are also your Medical Treatment Decision Maker.
Appointing a Medical Treatment Decision Maker
Formerly known as Medical Power of Attorney, an appointment of Medical Treatment Decision Maker document enables you to appoint who can make medical decisions on your behalf.
Power of Attorney lawyers in Geelong
Undoubtedly having an Enduring Power of Attorney or appointing a Medical Treatment Decision Maker will give you peace of mind knowing someone can take care of you and your affairs if you are unable.
However, before you sign any forms, make sure you understand the powers you are giving to someone else. Speak to a reliable, trustworthy Power of Attorney lawyer in Geelong such as Whyte, Just & Moore to understand the best option available to you.
Get practical legal advice on which powers would be appropriate for your circumstances and who would be the right person to be given those powers.
Contact WJ&M’s experienced Wills & Estates lawyers to set up an appointment.
