Powers of Attorney and Enduring Guardians

August 16, 2022
A pen is sitting on top of a power of attorney.

Why do you need these? 


The simple answer is because we do not know what might happen to us. 


Any one of us could suffer medical events such as a stoke or a head injury which causes us to be unable to read, write or communicate – either temporarily or permanently. 


If that were to occur how would your financial and property matters (Power of Attorney) and decisions regarding your health and care (Guardianship) be made and who could do that? The simple answer is no one has the legal right to do so. 


If such an event were to occur then your partner or family would be required to go to NCAT and to seek an Order from the Tribunal appointing a Financial Manager (Power of Attorney) or a Guardian (Health and Care decisions) to act and make these decisions for you. 


Solution 


Appoint as Power of Attorney or Guardian a person that you would trust to make decisions on your behalf. 


Most usually your spouse or partner. 


Consideration can also be given to appointing a substitute Power of Attorney or Guardian in the event that your Guardian or Attorney is unable act. 


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