Powers in Victoria and New South Wales

I regularly assist clients put in place powers of attorney, appointment of guardians and appointment of medical decision makers. Advanced care directives are also discussed.

Having a power of attorney, an appointment of guardians, and, where applicable, a medical decision-maker or advanced care directive is crucial to ensure that your affairs—both financial and personal—are handled according to your wishes should you become incapacitated. And handled by someone you know and trust rather than, say, by a government appointee.

You can only make these appointments whilst you still have capacity. You cannot make these appointments after losing capacity.

• Appointing an attorney (or attorneys) allows that person(s) to manage your financial and legal affairs. When preparing the power of attorney, you choose whether it is to commence immediately or only when you lose capacity. This ensures that your assets, bills, investments, and other financial responsibilities are handled by a person you know and trust, avoiding the need for a court-appointed administrator, which can be impersonal, time-consuming and expensive.
• Appointing a guardian (or guardians) allows that person(s) to make personal decisions on your behalf, such as where you live and what personal services you receive, if you are no longer able to make those decisions yourself. Without this, there could be delays in decision-making, or decisions might be made by people unfamiliar with your wishes, including court-appointed guardians.
• Medical Treatment Decision Maker (Victoria): In Victoria, you can appoint a medical treatment decision-maker (in New South Wales a guardian can make some medical decisions). This person or persons will make decisions about your healthcare, including treatment options, if you are unable to do so. Without this appointment, your family may face difficulties in knowing who has the authority to make medical decisions on your behalf.
• Advance Care Directive: an advance care directive, sometimes referred to as a living will, is a document which allows you to outline your healthcare wishes and preferences for medical treatment should it turn out in future you cannot communicate them yourself. This document can provide clarity to your loved ones and medical professionals about your wishes for treatment, including decisions around life-sustaining measures.