Enduring Powers of Attorney & Medical Treatment Decision Makers
While a Will applies from the day you die onwards, sometimes you need someone to look after your affairs while you’re still alive. The two most common documents that authorise another person to act on your behalf are an Enduring Power of Attorney and an Appointment of a Medical Treatment Decision Maker.
Our lawyers can help you appoint these roles and guide you through what they require.
Enduring Power of Attorney Victoria
An Attorney is someone who has the authority to make decisions in relation to your lifestyle and financial affairs. The main reason we recommend appointing an Attorney is so there is someone who can look after your affairs if you lose the capacity to do so yourself. Having an Attorney can also be useful if you frequently travel interstate or overseas and have important documents that need signing in your absence.
When considering who to appoint, remember you are essentially giving complete permission to this person to be you, therefore it is not a decision to be made lightly. You do have the option of including restraints or conditions such as a certain time frame, a specific type of matter, or only when you lose capacity, but these restraints often provide complications at an already difficult time.
You may appoint more than one person as Attorney. Each person you appoint must accept by signing the same document.
The attorney you appoint will have the ability to:
- Make decisions on your behalf
- Sign documents on your behalf
- Spend your money on your behalf
- Take out loans on your behalf
- Buy/sell property on your behalf
- Access bank accounts and other personal information on your behalf.
Appointment of a Medical Treatment Decision Maker
Formerly known as a Medical Power of Attorney, A Medical Treatment Decision Maker is the person who has the authority to decide what medical treatment you receive or don’t receive in circumstances where you are unable to make that decision yourself. When considering who to appoint, remember you are giving them the authority to consent or refuse the commencement or continuation of your medical treatment, which may literally be a matter of life or death.
You may appoint more than one person as your Medical Treatment Decision Maker but you must create a hierarchy rather than listing them jointly. Keep in mind that, just as with Power of Attorney, each person you appoint must accept that appointment by signing the same document.
