POWERS OF ATTORNEY

POWERS OF ATTORNEY

What is a Power of Attorney?

A Power of Attorney is as important for life planning as making a Will. Many people prepare a Will but do not give the same consideration to appointing an attorney until it is too late. Appointing an attorney gives your attorney the legal authority to look after your financial affairs on your behalf.

You can appoint an attorney to act for you in a variety of circumstances such as an extended interstate or overseas trip, or for a time when you are no longer able to manage your own affairs.

NSW Trustee & Guardian can prepare your Power of Attorney and act as your attorney under a Power of Attorney. When NSW Trustee & Guardian prepares your Power of Attorney, you can appoint either:

NSW Trustee & Guardian to act as your attorney a person of your choosing to act as attorney and NSW Trustee & Guardian as substitute attorney a person of your choosing to act as attorney. When you appoint NSW Trustee & Guardian as attorney we offer either Future Assist or Active Assist.

Future Assist :-

A Power of Attorney designed to provide you with a safety net should unforseen events occur.

Active Assist :-

A Power of Attorney where you are able to choose the level of assistance you require. There are many reasons to consider using a Power of Attorney; you may:

Active Assist :-

A Power of Attorney where you are able to choose the level of assistance you require. There are many reasons to consider using a Power of Attorney; you may:


What is an Enduring Guardian?

Many people focus on planning ahead for their financial and business affairs by making a Will and a Power of Attorney but do not consider what will happen if they find themselves unable to make lifestyle and medical decisions due to illness or accident.

An Enduring Guardian is someone you appoint to make lifestyle, health and medical decisions for you when you are not capable of doing this for yourself. Your Enduring Guardian may make decisions such as where you live, what services are provided to you at home and what medical treatment you receive.

Enduring Guardianship only comes into effect if or when you lose capacity and will only be effective during the period of incapacity, therefore, it may never become operational. However, it is a good way to plan for the future, particularly for unforeseen situations.

An Enduring Guardian and Enduring Power of Attorney are complementary documents. They can be made separately or together giving you the choice as to who you want to have the authority to make decisions across all areas of your life, if you are unable to make these decisions for yourself.

An Advance Care Plan and Advance Care Directive are other important planning ahead documents that do not require a witness but give guidance to those around you when difficult health decisions need to be made.

Appointing an Enduring Guardian may give you a sense of security knowing that if anything happens and you are no longer able to make decisions for yourself you have appointed someone you trust to make medical, health and lifestyle decisions on your behalf. If you lose capacity and have not appointed an Enduring Guardian to make important health and lifestyle decisions, an application will need to go to the Guardianship Division, NSW Civil & Administrative Tribunal to have a Guardian appointed for you. If no one suitable is available to be your guardian the Tribunal may appoint an independent Public official called the Public Guardian.


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