Power of Attorney & Enduring Guardian Part 2.
Last month we looked at appointing a Power of Attorney, this month we will consider what it means to appoint an Enduring Guardian. Many people plan ahead for their financial affairs by making a Will and a Power of Attorney. However few of us consider what will happen if due to illness or accident they cannot make lifestyle or medical decisions for themselves.
An Enduring Guardian is someone you appoint to make those decisions when you no longer can. An Enduring Guardian can decide where you live, what services you receive and what medical treatment you receive or importantly whether medical treatment is to be withheld.
Enduring Guardianship only comes into effect if or when you lose capacity and will only be effective during the period of incapacity. I generally recommend to clients that an Enduring Guardian and Power of Attorney be executed as complementary documents.
If you lose capacity and have not appointed an Enduring Guardian and important decisions are needed to be made, an application will need to go to the NSW Civil & Administrative Tribunal to have a Guardian appointed. If no one suitable is available to be your guardian the Tribunal may appoint a Public Guardian. Wouldn’t it be much better to have someone you know and trust making these decisions for you rather than a public official.
If you would like to appoint an Enduring Guardian and or Power of Attorney call Geoff Yeo at Peacockes Solicitors for this and or any of your legal needs.