What Is a Power of Attorney and Enduring Guardianship

Image

Article by 

Rita Merienne

Adjust text size:

A
A
A

And why you may need one sooner rather than later

Having lived through a difficult and emotional situation where our Father’s main carer – our sister passed unexpectedly and was the only power of attorney, I know what an emotionally challenging time it is when you don’t have the “legals” sorted correctly.

Not for one moment did we think that one of us sisters would pass before Dad, but she did.

She was the main carer, so it made sense that she was the only power of attorney. The only one that knew his financial situation and bank accounts.

In a week that we wanted to sit by our darling sister’s bedside – holding her hand, brushing her hair and farewelling her, my other sister and I couldn’t. We had to get Dad to his Solicitor, sort out the new power of attorney, find out where his bank accounts were so we could keep paying his aged care bills.

Dad was legally blind and our sister had taken care of everything for him. Because we were so caught up with the emotional fog of grieving, we didn’t notice that my name was spelt wrong. So we had to go back and do it all again.

We don’t want anyone else to have to go through the added burden of only having one power of attorney and not having the ‘legal’s sorted’. It’s the reason I do what I do in the aged care sector.

There are so many things we didn’t know. So many times we inadvertently took the long way instead finding an easy path. Now I know how important it is to share information about situations that can affect carers and our aged loved ones.

It is why here at Australian Carers Guide we share lived experiences, to make the caring journey easier for others.

The following information shines a light on an area we all need to have sorted as soon as possible.

Who can help?

I asked Althea Willis from Hornsby Wills and Probate what was her main piece of advice regarding estate planning. Without hesitation it was “Do It Early! You never know what is around the corner for you and your aged loved ones.”

Estate planning includes all the legal documentation including wills and aged care directives. This article focusses on only Power of Attorney and Enduring Guardianship.

By getting these documents sorted early you will:

  • Reduce ‘The Great Document Scramble’.
  • Help your aged loved one get what THEY want for their estate.
  • Stop any possible manipulation.
  • Reduce the emotional fog and stress at a difficult time.

Before we dive into this very meaty topic here are some key points that Althea shared with me about how she approaches estate planning with her clients:

  • Having conversations with family members so everyone is on the same page.
  • Knowing where things are all the legal and financial documentation.
  • Doing it early and review regularly.
  • Direct instructions from client –usually one to one in a confidential environment.
  • Assess capacity and no undue influence. Assessment of capacity is very important and a key area of the process, including evidence that you have assessed capacity.
  • Each person’s priorities, family structure are different. It is important for the person preparing the documentation to take the time to understand the client’s situation

POWER OF ATTORNEY (POA)

This document is used for financial and legal issues. It gives the authorised person the power and authority to manage financial and legal issues when you can’t. Having a POA in place early is important as you don’t know when you need it.

We also suggest you have at least two people authorised as the Power of Attorney, you never know something may happen to one of the signatories as was the case with my family.

Each Australian state and territory allows for the appointment of an enduring power of attorney. However, each jurisdiction has separate and distinct legislation.

The Power of Attorney signatory will need to have several certified true copies of the document as they will need to be given to Centrelink, the bank, utilities, council, the Doctors and any other organisation that requires a copy to allow another person to deal with accounts.

ENDURING GUARDIANSHIP

This document is used for medical and lifestyle issues. The signatories will be making decisions regarding any medical treatment and lifestyle. This can be very challenging and it is important that this signatory is aware of your wishes especially regarding resuscitation wishes.

You can have a different person to the POA, actually it is recommended that you do have different people, however it is important that both know about each other.

It is also important to have two or authorised signatories for this document too.

A few key aspects for both documents are that you can have more than one signatory, cascading, and dictate terms–appointments and restrictions. Knowing the power you are giving to others is important.

This is why you need to do this early, before diminished capacity! So you get a say!

There is a lot of information about Estate Planning and it is important to seek professional advice however I wanted to share with you what happens if these two documents aren’t in place when you or a loved one passes.

POA:

There is no option but to apply to the Civil and Administrative Tribunal in your state. No default provisions. This is why it is so important to have these in place prior to diminished capacity. Do this early so you get to choose who is going to manage your financial issues.

The tribunal may not choose who you want or even a family member.

Get this done early – talk to you all your family – you, your aged loved ones and your kids who have assets. It is never too soon, but it can be too late!

ENDURING GUARDIANSHIP:

The precise rules in each state will differ. In NSW, there is a hierarchy of people who can make decisions for your under the Guardianship Act. 1987 (NSW). Where you have no enduring guardian the hierarchy allows your spouse to make decisions for you. If there isn’t a spouse it is important to put this in place so you get to choose who you want.

I always knew that this was a complex and complicated area but I didn’t realise how much a professional will help with estate planning and how important it is to have a person you trust to make a hard time easier. Knowing what to ask, what to include and how to construct the documentation properly so your wishes are carried out.

Our advice is to go and see a professional. Money well spent for peace of mind and helping to ease the emotional fog of the administration of estate planning.

Althea has shared some of the areas that need to be considered however, but there is so much more to estate planning than we have mentioned here today.

You don’t know what you don’t know!

Having a professional will help you have your choices documented so it will relieve some of the emotional fog for your loved ones.

Althea is available at hornsbywillsandprobate.com.au to help you with your estate planning

Disclaimer: This article is to highlight the need for Estate planning, and is in no way telling you what your choices should be. It is to let you know you have a clear process available so your choices are recorded.

ACG 1262px x 454px
Comments
  1. I was suggested this web site by my cousin. I am not sure whether
    this post is written by him as nobody else know such detailed about my difficulty.
    You are incredible! Thanks!

    Also visit my web page – bankomart

  2. Spot on with this write-up, I honestly believe this web site needs much more attention. I’ll probably be back again to see more, thanks for the information!

  3. Hi, i think that i saw you visited my site so i came to “return the favor”.I am trying to find things to improve my web site!I suppose its ok to use some of your ideas!!

  4. What i don’t understood is in truth how you are not actually much more well-appreciated than you may be now. You are so intelligent. You know thus considerably in the case of this subject, produced me in my opinion imagine it from so many various angles. Its like men and women aren’t fascinated until it’s something to accomplish with Woman gaga! Your personal stuffs great. Always care for it up!

  5. When I originally commented I seem to have clicked on the -Notify me when new comments are added- checkbox and now each time a comment is added I get four emails with the exact same comment. Is there an easy method you can remove me from that service? Cheers!

  6. I wanted to thank you for this wonderful read!! I absolutely loved every little bit of it. I have got you bookmarked to look at new things you post…

  7. Hiya very cool web site!! Guy .. Excellent .. Wonderful .. I will bookmark your web site and take the feeds additionally? I am satisfied to seek out so many helpful information here within the put up, we need work out more techniques on this regard, thank you for sharing. . . . . .

  8. We are a gaggle of volunteers and opening a new scheme in our community. Your web site provided us with useful info to work on. You’ve performed a formidable activity and our entire community can be thankful to you.

  9. Hi! This post couldn’t be written any better! Reading through this post reminds me of my previous room mate! He always kept talking about this. I will forward this page to him. Pretty sure he will have a good read. Thank you for sharing!

  10. Hi, I do believe this is an excellent site. I stumbledupon it 😉 I’m going to revisit once again since I bookmarked it. Money and freedom is the best way to change, may you be rich and continue to help others.

  11. Your means of describing everything in this paragraph is
    really fastidious, all be able to easily understand it, Thanks a lot https://www.cliniquedelenfant.ca/produit/new-richmond-jeudi-24-septembre-2020-lanxiete-la-reconnaitre-la-comprendre-et-la-vaincre/

  12. Heya i’m for the first time here. I came across this board and I find It truly useful & it helped me out a lot. I hope to give something back and aid others like you helped me.

  13. Raising consciousness can be an inspiring journey, and it can be
    especially illuminating to explore the power of self-care.
    Massage for Women is an excellent way to begin this
    journey. Not only can a massage be a powerful way to physically
    relax, but it can also be an empowering tool to help us reconnect with ourselves and become more mindful of our own needs.
    This is especially true when it comes to massage specifically
    designed for women’s bodies. From the warm, nurturing touch of
    a female-focused massage to the soothing aromatherapy oils used to both relax and invigorate, Massage for Women can be a powerful tool for both self-care and healing.
    Ultimately, Massage for Women is a powerful way to raise our consciousness
    and take control of our own wellbeing.

  14. I am not certain where you are getting your information, however great topic. I needs to spend some time studying much more or figuring out more. Thank you for wonderful information I used to be in search of this info for my mission.

  15. I’m not sure where you’re getting your information, but great topic. I needs to spend some time learning much more or understanding more. Thanks for magnificent info I was looking for this info for my mission.

  16. Hi, Neat post. There is a problem together with your site in internet explorer, could check this? IE still is the market chief and a big part of people will leave out your excellent writing because of this problem.

  17. May I just say what a comfort to discover a person that actually knows what they’re talking about on the net. You certainly know how to bring a problem to light and make it important. More and more people have to look at this and understand this side of the story. I can’t believe you are not more popular since you certainly possess the gift.

  18. I was recommended this web site by means of my cousin. I am not certain whether this post is written by way of him as no one else realize such specified about my trouble. You are incredible! Thanks!

  19. Just wish to say your article is as astounding. The clearness for your submit is just cool and that i could suppose you’re knowledgeable on this subject. Well along with your permission let me to grasp your feed to keep updated with drawing close post. Thank you 1,000,000 and please continue the rewarding work.

  20. When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get several emails with the same comment. Is there any way you can remove me from that service? Thanks!

  21. naturally like your web-site however you need to test the spelling on several of your posts. A number of them are rife with spelling problems and I find it very troublesome to inform the reality however I’ll definitely come again again.

  22. Oh my goodness! Awesome article dude! Thanks, However I am going through troubles with your RSS. I don’t understand why I am unable to join it. Is there anyone else getting identical RSS problems? Anybody who knows the answer can you kindly respond? Thanks!!

  23. Hello! I just would like to give you a huge thumbs up for the excellent info you have got right here on this post. I am returning to your web site for more soon.

  24. You actually make it seem so easy with your presentation but I find this topic to be actually something that I think I would never understand. It seems too complex and extremely broad for me. I am looking forward for your next post, I will try to get the hang of it!

  25. Hi, i think that i saw you visited my site thus i came to “return the favor”.I am attempting to find things to improve my site!I suppose its ok to use some of your ideas!!

  26. Hello, Neat post. There’s a problem along with your site in web explorer, might check this? IE nonetheless is the marketplace leader and a good component of other folks will miss your magnificent writing because of this problem.

  27. I take pleasure in, result in I discovered just what I used to be taking a look for. You have ended my four day lengthy hunt! God Bless you man. Have a nice day. Bye

  28. Every weekend i used to pay a visit this site, for the reason that i wish for enjoyment, as this this web site conations in fact good funny stuff too.

  29. You made some good points there. I checked on the net for additional information about the issue and found most people will go along with your views on this web site.

  30. Hi, Neat post. There’s an issue together with your web site in internet explorer, might test this? IE still is the marketplace chief and a large section of people will leave out your excellent writing because of this problem.

  31. Oh my goodness! Impressive article dude! Thanks, However I am going through difficulties with your RSS. I don’t understand why I am unable to subscribe to it. Is there anybody having the same RSS issues? Anyone who knows the solution will you kindly respond? Thanks!!

  32. You’ve made some really good points there. I checked on the internet for more info about the issue and found most individuals will go along with your views on this site.

  33. I am not sure where you are getting your info, but good topic. I needs to spend some time learning more or understanding more. Thanks for magnificent info I was looking for this info for my mission.

  34. I take pleasure in, result in I discovered exactly what I was having a look for. You’ve ended my four day lengthy hunt! God Bless you man. Have a great day. Bye

  35. It’s actually a cool and helpful piece of information. I am happy that you just shared this useful information with us. Please keep us informed like this. Thanks for sharing.

  36. We are a bunch of volunteers and starting a brand new scheme in our community. Your web site offered us with helpful information to work on. You have done an impressive activity and our whole community shall be grateful to you.

  37. Thank you for the good writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! By the way, how can we communicate?

  38. I am not certain where you’re getting your info, but good topic. I needs to spend some time learning more or working out more. Thanks for magnificent information I was searching for this info for my mission.

  39. I simply could not leave your site prior to suggesting that I actually loved the standard information a person provide for your visitors? Is gonna be again steadily in order to investigate cross-check new posts

  40. Howdy very nice web site!! Man .. Beautiful .. Superb .. I will bookmark your site and take the feeds additionally? I’m satisfied to seek out so many helpful information here within the post, we’d like work out extra techniques on this regard, thanks for sharing. . . . . .

  41. What i do not understood is in truth how you’re not really a lot more smartly-favored than you may be right now. You’re very intelligent. You understand therefore considerably when it comes to this subject, produced me individually believe it from numerous numerous angles. Its like women and men aren’t involved except it’s one thing to accomplish with Woman gaga! Your individual stuffs great. At all times care for it up!

  42. I am now not certain where you’re getting your information, but great topic. I must spend a while learning much more or understanding more. Thanks for wonderful info I used to be on the lookout for this info for my mission.

  43. I was very pleased to uncover this web site. I want to to thank you for your time for this wonderful read!! I definitely savored every bit of it and I have you saved as a favorite to see new stuff on your web site.

  44. Having read this I believed it was rather enlightening. I appreciate you finding the time and energy to put this short article together. I once again find myself spending way too much time both reading and commenting. But so what, it was still worth it!

  45. I simply couldn’t depart your site before suggesting that I actually enjoyed the usual info an individual supply to your visitors? Is going to be again steadily to check out new posts

  46. Great site. A lot of useful information here. I’m sending it to a few pals ans additionally sharing in delicious. And of course, thank you to your effort!

  47. hey there and thank you for your info – I’ve certainly picked up something new from right here. I did however expertise several technical issues using this site, since I experienced to reload the web site a lot of times previous to I could get it to load properly. I had been wondering if your hosting is OK? Not that I am complaining, but sluggish loading instances times will often affect your placement in google and can damage your quality score if advertising and marketing with Adwords. Anyway I’m adding this RSS to my e-mail and could look out for a lot more of your respective fascinating content. Make sure you update this again very soon.

  48. Excellent goods from you, man. I’ve take into account your stuff previous to and you’re just extremely great. I actually like what you’ve bought here, certainly like what you are stating and the best way during which you are saying it. You make it enjoyable and you continue to take care of to stay it wise. I cant wait to learn far more from you. This is really a great site.

  49. We stumbled over here by a different web page and thought I might as well check things out. I like what I see so i am just following you. Look forward to checking out your web page repeatedly.

  50. I know this web site offers quality dependent articles or reviews and additional data, is there any other site which provides these kinds of data in quality?

  51. I’m not sure where you are getting your info, but good topic. I needs to spend some time learning much more or understanding more. Thanks for magnificent info I was looking for this information for my mission.

  52. Just want to say your article is as amazing. The clarity in your submit is simply excellent and i could suppose you are a professional in this subject. Fine together with your permission let me to clutch your RSS feed to stay up to date with forthcoming post. Thank you 1,000,000 and please continue the gratifying work.

  53. When someone writes an paragraph he/she maintains the image of a user in his/her brain that how a user can be aware of it. Therefore that’s why this article is outstdanding. Thanks!

  54. You can certainly see your skills within the work you write. The world hopes for even more passionate writers like you who aren’t afraid to mention how they believe. At all times follow your heart.

  55. Great goods from you, man. I have understand your stuff previous to and you are just too excellent. I really like what you have acquired here, really like what you are saying and the way in which you say it. You make it entertaining and you still care for to keep it wise. I cant wait to read far more from you. This is actually a tremendous web site.

  56. I will right away take hold of your rss as I can’t find your e-mail subscription hyperlink or e-newsletter service. Do you’ve any? Please allow me recognise in order that I could subscribe. Thanks.

  57. Hello, Neat post. There is an issue together with your site in internet explorer, might test this? IE still is the marketplace chief and a good component of other people will pass over your wonderful writing because of this problem.

  58. Hi, Neat post. There is a problem with your site in internet explorer, would check this? IE nonetheless is the marketplace chief and a good component of other people will miss your fantastic writing due to this problem.

  59. Hello, Neat post. There’s a problem together with your site in internet explorer, would test this? IE nonetheless is the market leader and a good component of people will leave out your fantastic writing because of this problem.

  60. You can certainly see your skills in the work you write. The sector hopes for more passionate writers such as you who aren’t afraid to mention how they believe. All the time go after your heart.

  61. You can certainly see your skills in the work you write. The arena hopes for even more passionate writers like you who are not afraid to mention how they believe. At all times go after your heart.

  62. I take pleasure in, cause I discovered just what I was taking a look for. You’ve ended my 4 day lengthy hunt! God Bless you man. Have a nice day. Bye

  63. Unquestionably believe that which you said. Your favorite justification appeared to be on the net the easiest thing to be aware of. I say to you, I definitely get annoyed while people think about worries that they just don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people can take a signal. Will probably be back to get more. Thanks

  64. I don’t know if it’s just me or if perhaps everyone else encountering problems with your site. It seems like some of the text in your content are running off the screen. Can somebody else please comment and let me know if this is happening to them as well? This could be a issue with my internet browser because I’ve had this happen before. Thanks

  65. We are a group of volunteers starting a new initiative in our community, and your website has been an invaluable resource for us. Your efforts are outstanding, and our entire community is deeply grateful.

  66. It was a pleasure to read, and I shared it with a friend who was exploring the same topic. He was so grateful that he treated me to lunch as a token of thanks! So, I’d like to express my gratitude once again.

  67. It was such a pleasure to read that I shared it with a friend who was exploring the same topic. He appreciated it so much that he treated me to lunch as a thank-you! So, I wanted to express my gratitude once again.

  68. My team and I are volunteers launching a new initiative in our community, and your website has been an invaluable resource for us. Your dedication is truly inspiring, and our entire community deeply appreciates your efforts.

  69. We are a group of volunteers launching a new initiative in our community, and your website has been an indispensable resource. Your contributions are truly remarkable, and our entire community is immensely grateful for your work.

  70. I deeply value the information in your articles. I’ve bookmarked your site and look forward to returning often, confident that I’ll continue gaining meaningful knowledge from your content. Wishing you continued success in all your future endeavors!

  71. Your trusted entry to the Savastan0 ecosystem. This login portal is the first step to connecting with a secure network, designed for discretion and efficient service delivery.

  72. ApBook is a new one of a kind gaming application that gives users confluence of Skill, Chance and accessibility. With APBooK Login, you can log in your account to enjoy official Livestream coins games by Apbook and easy Registration with menu guide in APBook app.

  73. Discover exclusive escort services in Ajman with verified and professional companions. Our platform offers personalized experiences, ensuring discretion, luxury, and comfort. Whether for private meetings, social events, or special evenings, find trusted and elegant escorts who cater to your preferences, creating unforgettable and enjoyable moments.

  74. Discover premium escort services in Dubai with Desire Dubai. Our platform connects you with verified and professional companions, offering personalized experiences with discretion, comfort, and luxury. Perfect for private evenings, social events, or special occasions, our elegant escorts ensure every moment is memorable, enjoyable, and tailored to your preferences