What is power of attorney?

A power of attorney is a document which gives a person (or persons) nominated by you the legal power to act on your behalf. If you become ill, or if you lose the mental capacity to manage your own affairs, your attorney(s) can manage your financial affairs and make decisions on your behalf. Your attorney must exercise these powers honestly and with reasonable care, and must always exercise them in your best interests. You can give your attorney directions or instructions on how these powers are to be exercised.

What sort of powers can I grant?

There are two kinds of powers of attorney: General Powers of Attorney and Enduring Powers of Attorney.

Under a general Power of Attorney, your attorney can sign certain documents on your behalf, withdraw money from your bank account and do most of the things you would legally be entitled to do with your property and affairs. However, a general Power of Attorney becomes invalid as soon as you lose your mental capacity.

An Enduring Power of Attorney continues to work on your behalf even after you have lost your mental capacity and is often referred to as a Medical Power of Attorney because they will make medical treatment decisions on your behalf. This person(s) can make health care decisions only if you have become incapacitated from an illness or accident.

Who can I grant these powers to?

Your attorney should be someone over 18 and someone who is not likely to pass away before you do. Your attorney should be someone you can entrust the management of your affairs to, and can be a relative or an advisor, such as a lawyer or accountant.

There are many legal requirements and considerations which you must address when appointing an attorney and you should obtain legal advice before preparing a Power of Attorney document.

Changing an Advance Care Plan

You can change your mind any time about Advance Care Plans which you may have already made. Sometimes the relationship with your care providers or your family changes, your situation alters and you want to change your instructions for health care treatment in the future.

This is easily done by:
•    Destroying your plan or requesting that it be destroyed.
•    You can revoke documents relating to your Advanced Care Plan by completing a new document.
•    Appointing a new Enduring Power of Attorney
•    Informing your doctor, family or Enduring Power of Attorney verbally of your changed wishes.

The most recently dated document will override all previous documents.