What is an Enduring Power of Attorney?
Unlike a general power of attorney, the powers under an Enduring Power of Attorney continue in the event you lose the capacity to make decisions for yourself. An Enduring Power of Attorney allows you to give your attorney the power to make financial decisions and also personal and/or health decisions. An Enduring Power of Attorney allows you to plan for the unexpected such as an accident or physical or other illness. An Enduring Power of Attorney enables you to set out what actions your attorney/s can perform on your behalf. You can nominate one or more attorneys and say when their power will begin. You can give your attorney/s the authority to make any decision that you could legally make yourself or limit the attorney/s powers to terms set by you. A financial attorney is responsible for all financial matters including receiving income, paying bills, taxation and contractual issues, investment and financial planning, legal actions or property management. A personal/health care attorne
An ordinary Power of Attorney cannot continue to be used by your attorney after you have lost capacity to deal with your financial affairs. An Enduring Power of Attorney continues after you have lost capacity. This is important for everyone, but particularly for elderly people. In NSW, a Power of Attorney can only apply to financial or legal matters. Matters your attorney is able to handle include receiving income, paying bills, taxation and contractual issues, investment or property management. Should you require someone to make decisions relating to where you live, who you live with, what health care you receive, and daily issues like diet and dress, you will need to appoint an Enduring Guardian. A separate document is required to do this. The person you appoint will be able to make decisions about your lifestyle and general welfare when you no longer have the ability to do this for yourself.
A. An Enduring Power of Attorney is different from a general or limited appointment as an enduring appointment will continue even if you become incapacitated. The appointments are specifically designed so that your husband/wife, partner or family can manage your financial affairs if something happened to you. You can nominate who is to be your attorney and they can take over and assist in running your affairs if you become ill, incapacitated or otherwise are away and wish them to act. The appointment can be withdrawn if you have the capacity to do so. The usual arrangements for a married couple is from husband to wife and from wife to husband with an additional clause that if you both become impaired or incapacitated then another person acts as Attorney. It may be appropriate to appoint for instance the same person/s as you appoint as executors under your Will. If you do not have an Enduring Power of Attorney and you became ill or incapacitated then normally you would become a protecte
