An enduring power of attorney allows you to appoint someone else (your attorney) to act for you as if they were you.
It is "enduring" as your attorney can act for you after you become mentally incapable.
There are two forms of enduring powers of attorney:
- Property; and
- Personal Care and Welfare.
The Property form allows your attorney to act for you in relation to your day-to-day affairs and includes signing documents on your behalf, accessing your bank accounts, paying bills, dealing with your house and personal possessions.
The Personal Care and Welfare form allows your attorney to make health, medical and wellbeing decisions for you, but only if you become mentally incapable. This may include placing you into care.
If you do not have enduring powers of attorney in place and you become mentally incapable, then the only option is for your family to apply to the Family Court for appointment of a property manager and welfare guardian. The Court may not appoint the person you would have wanted to act for you.
The manager appointed by the Court is required to file annual statements of account with the Court, which are checked by the Public Trust Office. They are also required to re-apply to the Court to be your manager.
This can be a costly and extensive process for your family, all of which is payable by you.
