In New South Wales, anyone can appoint a Power of Attorney, as long as they are over the age of 18 years and understand the nature and effect of the instrument they are signing.
A general Power of Attorney is used to appoint an Attorney to manage your financial affairs on your behalf, such as operating your bank accounts or managing your business while you are away. You may revoke or change the document, while ever you have decision-making capacity.
An Enduring Power of Attorney takes this a step further, whereby the Attorney nominated to manage your financial affairs may continue once the Appointor is found to have diminished mental capacity due to injury or illness. Once capacity is lost, it remains in place as long as the Appointor is still alive.
If the Attorney is to deal with the land, then the Power of Attorney must be registered.
Appointment of an Enduring Guardian
An Appointment of an Enduring Guardian is a legal document used to formally appoint someone you trust to make decisions about your health care and living arrangements.
It comes into effect only when you are deemed to have lost the mental capacity to make those important decisions for yourself. This instrument gives the person you chose the right to speak to health care professionals about your medical condition and also to make the decisions necessary to carry out your wishes in relation to medical treatment options.
Contact us to arrange a consultation with one of our experienced lawyers in the Camden area.