Lifetime Planning - Power of Attorney & Enduring Guardianship

Peace of Mind for You and Your Family

Ensure trusted people can make appropriate decisions on your behalf when needed with properly structured legal documentation. These essential documents provide security and clarity for your loved ones during difficult times.

Understanding the Different Documents

General Power of Attorney

A General Power of Attorney is temporary and ceases if you lose mental capacity. Typically these might be used if you are taking an extended trip/holiday and you want someone to manage things back at home for you. This document allows your attorney to handle specific tasks for a limited time.

Enduring Power of Attorney

An Enduring Power of Attorney continues even if you become incapacitated, making it essential for future planning. We typically recommend Enduring Powers of Attorney for comprehensive protection. Your attorney is able to make decisions with regard to your financial and legal matters, including:

• Managing bank accounts and investments
• Paying bills and managing debts
• Buying or selling property
• Managing business interests
• Dealing with government departments

Appointment of Enduring Guardian

An Enduring Guardian makes personal and lifestyle decisions (health, accommodation, services) if you lose capacity, while an Enduring Power of Attorney handles financial matters. Both documents work together to ensure trusted people can make all necessary decisions on your behalf.

Your Enduring Guardian can make decisions about:

• Where you live
• What health care you receive
• What personal services you receive
• Consent to medical and dental treatment
• End of life decisions (if specifically authorized)

Advance Care Directives

An Advance Care Directive allows you to record your wishes about future medical treatment and personal care. This document guides your family and medical professionals when you cannot speak for yourself.

Choosing the Right People

Choose someone trustworthy, reliable, and preferably younger than you. Consider their ability to handle financial matters or make personal decisions (particularly about your health and end of life) as required. You can appoint the same person for both roles or different people. We can advise on the pros and cons of each approach.

Important Considerations

• You can appoint more than one attorney or guardian
• You can specify whether they act jointly or separately
• You can limit the powers you give them
• You can specify when the document takes effect
• You can include specific instructions or wishes

When Do These Documents Take Effect?

Powers of Attorney can take effect immediately or when you lose capacity, depending on how they're prepared. Enduring Guardian appointments only take effect when you lose capacity. We'll explain the options and help you choose what is appropriate for your circumstances.

Can These Documents Be Changed?

Yes, you can revoke or change Powers of Attorney (both General and Enduring) and Enduring Guardian appointments at any time while you have mental capacity to do so. We recommend reviewing these documents regularly and updating them if your circumstances or preferences change.

Why These Documents Are Essential

Without these documents in place, your family may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for appointment of a financial manager or guardian if you lose capacity. This process can be:

• Time consuming and stressful for your family
• Expensive with ongoing costs
• Subject to ongoing supervision by the Tribunal
• May result in someone you wouldn't choose making decisions

Our Fixed-Fee Service

We offer transparent, fixed-fee pricing for preparing Powers of Attorney and Guardianship documents. This includes:

• Initial consultation to understand your needs
• Preparation of all necessary documents
• Clear explanation of how the documents work
• Proper execution and witnessing
• Secure storage options for your documents