Enduring Powers of Attorney

Enduring Powers of Attorney are an important part of your estate planning matters. Without them, if you become incapacitated due to an accident or serious illness, your loved ones would need to obtain an order from the Family Court to be able to make decisions on your behalf.

With an Enduring Power of Attorney, the person that you appoint as your Attorney is able to make decisions on your behalf. You therefore need to think carefully about who you appoint as your Attorney as you are giving them a lot of responsibility. This person should be somebody you trust and who has a good understanding of your wishes.

There are two types of Enduring Power of Attorney, one is in relation to property which includes anything you own, lease, hire, any land or buildings, money, investments, shares, businesses, household effects, vehicles, boats etc and any interest in them or right in respect of them. You can choose for the property Enduring Power of Attorney to come into effect immediately and to continue if you are certified mentally incapable, or you can choose for it to come effect affect only if you are certified mentally incapable. Any certification as to your mental capacity must be carried out by a relevant health practitioner.

The other Enduring Power of Attorney is in relation to your personal care and welfare which includes your health, well-being and enjoyment of life, including where you live and medical treatment you receive. This Enduring Power of Attorney will only come into effect if you are certified mentally incapable.

Enduring Powers of Attorney are flexible in that they allow you to appoint multiple or successor Attorneys as well as placing restrictions or conditions on your Attorney. They are an important document that can be hugely beneficial in the event that they are needed. 

If you have any questions about Enduring Power of Attorneys, whether you have existing ones in place you would like to review or are thinking about putting some into place, please contact our experienced estate planning team on [email protected] or 03 441 2743.