Enduring Financial Powers of Attorney
Prompt Legal services can assist in providing advice and putting together your Enduring Powers of Attorney. This attorney can be for either financial matters, personal matters or both. Contact us to make an appointment in order to discuss these options further.
Why should I make an Enduring Powers of Attorney?
You should ensure your affairs are in order so that another person can act on your behalf if you are unable to for various reasons. Remember, you cannot make Enduring Power of Attorney once you have lost mental capacity.
Who should I choose to be my attorney?
An Enduring financial Power of Attorney is a powerful document. Your attorney will have complete power over your financial affairs. Though, it must be remembered that your attorney MUST act in your interests otherwise will be breaking the law.
Can I make an Enduring Powers of Attorney?
In short, if you are over the age of 18 and still retain mental capacity, you can make an Enduring financial Power of Attorney. If your mental capacity is at question, we may ask you to organise a letter with your General Practitioner (GP) so that we may keep this on file if your capacity ever comes into question.
What does the “enduring” component mean?
Once a power of attorney is made, it “endures” past you loosing mental capacity. This is why you must make an Enduring financial Power of Attorney in front of a Lawyer.
Can I revoke a power of attorney?
If you still retain capacity, you can revoke a power of attorney. If you don’t, then the decision is taken away from you. If an attorney’s interests are in question, VCAT may be called in to determine if the attorney is performing their job correctly.
Enduring Medical Powers of Attorney
Appointment of medical treatment decision maker (previously named Medical Power of attorney)
There is another type of attorney who can make medical decisions on your behalf. This includes refusing medical support of various types including the very extreme example of ceasing life support machines. Your appointment of a medical treatment decision maker can give full unlimited decision making abilities or you can specify an advance care directive where you want to make your wishes known in writing.