Just like an insurance policy, you would hope to never need a Power of Attorney, however if you do not have one it can cause a nightmare for you and your family.
If you fell victim to a freak accident, suffered from a stroke or became affected by dementia, and no longer had capacity to make decisions for yourself, then your family members would be forced to apply to VCAT for an order appointing them as a guardian or administrator on your behalf. Without such appointment (or a Power of Attorney document) no one can access your accounts to pay your expenses, manage your affairs, make decisions regarding your ongoing care or look after your future interests.
Appointing a Power of Attorney now, before you need one, is a simple way to retain control over who can handle your affairs, and avoid potential conflicts, costs and stress to your loved ones. This is why it is important that whilst you still have full decision-making capacity that you take charge to select who you would want to make decisions on your behalf for financial, personal and medical matters.
Financial:
Includes accessing your bank accounts, paying for things on your behalf, entering into contracts for the purchase or sale of property and most other matters relating to money.
Personal:
Includes decisions related to your ongoing care including choice of care facility, arranging for assistance to attend you at home and your day-to-day lifestyle decisions including diet, dress, activities and who you spend time with.
Medical:
Consenting to, or refusing, medical treatment on your behalf if you are unable to provide directions yourself (and you have not previously provided directions in relation to the treatment as part of an Advanced Care Plan).
So long as you have decision making capacity, you can book an appointment to make Power of Attorney documents at any time. Before your appointment you should consider who of your family and friends would be best suited in each of the above roles. You can choose to appoint the same person in each role or have a different person for each type of attorney. You can also appoint more than one attorney and have alternatives to step into the place of your chosen attorney/s in the event that they are unable to act on your behalf.
Once you have decided who you would want to appoint as your attorney/s you should know their full name and address, as your lawyer will ask for these at your appointment. If you have any queries or concerns regarding your Powers of Attorney, then please do not hesitate to ask your lawyer – or call 5221 8777 to book your initial appointment.
This article is general information only and is not legal advice or a substitution for such advice.
Article prepared and written by:
Courtney Gow (Lawyer) – available by appointment at our Geelong office
