Enduring power of attorney
An Enduring Power of Attorney is created where a person (Donor) appoints any other person (their Attorney) to act of their behalf if the Donor becomes mentally incapable i.e loses the mental capacity to understand the nature and consequence of their decisions or loses the ability to communicate their decisions. There are two types of Enduring Powers of Attorney:
a. Property - You can choose one or more individuals or a trustee corporation to make decisions about how your property and finances should be managed. You can decide whether you want this to come into effect immediately or only when you lose your capacity; and
b. Personal Care and Welfare – This is usually a close friend or family member (there can only be one at a time and it has to be an individual – not a trustee corporation) who makes decisions about your care e.g. selecting a rest home or deciding on medical treatment.
Feel free to contact Peter O’Dea, partner of Helmore Ayers Lawyers for a no-obligation chat about how this relates to you on 03 366 5086 or use the contact from below.