Both documents are arguably equally important but deal with decisions relating to different aspects of a person’s life.
A Power of Attorney is a legal document allowing you to appoint someone to make financial and property related decisions on your behalf. For example, buying or selling real estate, operating bank accounts, singing a Residential Aged Care Agreement etc.
You can elect when your Power of Attorney document comes into effect. For example, you may elect for it to come into effect once the Attorney signs and accepts their appointment. This means that whilst you are still able to manage your own finances and property related affairs so too can your Attorney without your approval. Alternatively, you may elect for it to come into effect only when a doctor issues a letter advising that you require assistance managing your affairs or when your Attorney considers you need assistance managing your affairs. This commencement date is completely your choice.
An Enduring Guardianship document is a legal document which allows you to appoint someone to make health and lifestyle related decisions on your behalf if you are not able to. For example, if you needed an operation or needed assistance in your home and/or to move into a nursing home then this document allows your Guardian to make these decisions for you in the event you are not able to.
The important difference to note with the Enduring Guardianship document is that it only comes into effect in the event that you are not able to make these health and lifestyle decisions for yourself.
It is very important you obtain legal advice prior to executing either a Power of Attorney or Enduring Guardian document. They impose great responsibility on a person and it is important that you are fully informed prior to making the appointment ensuring you appoint someone you can trust.
If you require assistance with drafting a either a Power of Attorney and/or a an Enduring Guardianship document please contact our experienced team at Meehans Solicitors on 4627 3333 for an appointment today.
This article was published on 27/06/24 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.