Powers of Attorney & Enduring Guardianships in Wollongong
Fixed-Fee Powers of Attorney & Enduring Guardianships
Enabling a trusted individual to manage your affairs during your lifetime is an important part of planning for later years or unexpected circumstances.
A Power of Attorney (POA) under the Powers of Attorney Act 2003 (NSW) is a legal document that allows you, as the Principal, to authorise one or more persons, referred to as Attorneys, to manage your legal and financial affairs. This can include buying and selling real estate, shares, and other assets, operating bank accounts, and spending money on your behalf during your lifetime.
A General Power of Attorney is only effective while you have the mental capacity to make your own decisions. If you become mentally or physically unable to do so, the General Power of Attorney becomes invalid. The most commonly used POA is an Enduring Power of Attorney, which remains in effect even if you lose mental capacity.
Under the Guardianship Act 1987 (NSW), an Appointment of Enduring Guardian (EG) allows someone else to make medical and lifestyle decisions on your behalf. This document may include specific directions, such as a "Do Not Resuscitate" instruction or restrictions on being removed from your home unless absolutely necessary.
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The sooner you seek legal advice, the easier it is to put the right safeguards in place. Take action now to ensure your affairs are managed by someone you trust and your wishes are legally protected.
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Powers of Attorney & Enduring Guardianships FAQs
What is the difference between a General Power of Attorney and an Enduring Power of Attorney?
A General Power of Attorney allows a trusted individual to manage your legal and financial affairs. At the same time, you retain mental capacity, but it becomes invalid if you lose that capacity. An Enduring Power of Attorney, however, remains in effect even if you become mentally or physically unable to make your own decisions.
What is an appointment with Enduring Guardian, and why is it important?
An Appointment of an Enduring Guardian is a legal document under the Guardianship Act 1987 (NSW) that designates someone to make your medical and lifestyle decisions if you cannot do so. This can include setting out specific instructions, such as a "Do Not Resuscitate" order or guidelines regarding your care at home, ensuring that your wishes are respected even in unforeseen circumstances.
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