Power of Attorney
An Enduring Power of Attorney is a legal document where you appoint a person of your choice to manage your assets and financial affairs if you are unable to do so due to illness, an accident or your absence.
A medical power of attorney allows you to appoint someone to make decisions about your medical treatment if you become mentally or physically incapable of deciding for yourself.
You can find out more from the relevant agency in your state or territory.
- ACT– external site
- NSW– external site
- NT– external site
- Qld– external site
- SA– external site
- Tas– external site
- Vic– external site
- WA– external site
An anticipatory direction is a legal document that outlines your preferences for medical treatment if one day you cannot decide for yourself. It will only apply if you are in the final stage of a terminal illness or in a persistent vegetative state. It can be used as a stand-alone document or accompany the medical power of attorney or enduring power of guardianship.
Further information on advanced care plans is available through the Advance Care Planning Australia– external site website.
ENDURING POWER OF ATTORNEY
An enduring power of attorney is a legal document that allows you, the “principal”, to nominate one or more persons, referred to as “attorneys”, to act on your behalf. An enduring power of attorney gives the attorney the authority to manage your legal and financial affairs, including buying and selling real estate, shares and other assets, operating your bank accounts and spending money on your behalf.
The attorney’s power continues even if for any reason you lose your mental capacity to manage your own affairs. Once you lose your mental capacity you cannot revoke this power of attorney. If you want the power of attorney to cease if you lose your mental capacity, use the general power of attorney form. An attorney under an enduring power of attorney cannot make decisions about your lifestyle or health. These decisions can only be made by a guardian, whether an enduring guardian appointed by you or a guardian appointed by the Guardianship Tribunal or the Supreme Court.
The prescribed witness certificate must be completed. Before acting as your attorney/s, the attorney/s, including any substitute attorney/s, must sign the acceptance section.
Please read the important information set out at the end of this document. It includes notes to assist in completing this document and more fully explains the role and responsibilities of an attorney.